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FISH AND GAME LAWS 



OF THE 



STATE OF WISCONSIN. 



.1592, 



COMPILED AND PUBLISHED UNDER THE 
DIRECTION OF 

T. J. .CUNNINGHAM, 

SECRETARY OF STATE. 




■IfBRARTOF CONGRESS,. 

' ; i 

DIVISION OF DOCUMENli 



Madison, Wis.: 
democrat printing co., printers; 

1892. 



FISH AND GAME LAWS 



OF THE 



STATE OF WISCONSIN. 



.1392, 



COMPILED AND PUBLISHED UNDER THE 
DIRECTION OF 

T. J. CUNNINGHAM, 

SECRETARY OF STATE. 




Madison, Wis. : 
democrat printing co., printers. 

1892. 



io 



^ 






$ 




CHAPTER 436, LAWS OF 1891. 

AN ACT relating to the office of state fish and 
game warden, and the preservation of fish, 
game and birds, and repealing sections numbers 
5, 6, 7, 8, 9 and II of chapter 520, of the general 
laws of Wisconsin, for the year 1887, and chap- 
ter 456, of the laws of Wisconsin for the year 
1887, and sections 1, 2, 3 of chapter 414, of the 
general laws of Wisconsin for the year 1889. 

The people of the state of Wisconsin, represented 
in senate and assembly, do enact as follows : 

Section 1. The offices of state fish wardens, offices hereto- 
and state game wardens, hitherto existing in this Soii^df™ 8 
state, are hereby abolished. It shall be the duty 
of the governor, upon the passage of this act, to appofnt°state 
appoint an officer to be known as State Fish and fish ana game 
Game Warden, whose duty it shall be, to secure 
the enforcement of all the statutes of this state his duties, 
for the preservation of fish, game and birds, and 
to bring or cause to be brought, actions and pro- 
ceedings in the name of the state of Wisconsin, 
to recover any and all fines and penalties pro- 
vided for in said laws, and for the confiscation 
and forfeiture of any property used in violation 
of any of said laws, and to punish all violations 
of said statutes. Such fish and game warden Tenure of 
shall hold his office for the term of two years offlce ' 
from the date of his appointment and until his 
successor shall be appointed and qualified; and 
any vacancy occurring during such term shall be 
filled by the governor. Such game warden may May appoint 
appoint one or more deputies for each county, deputies - 
who shall have all the authority given them in 
this or any other law of this state relating to the 
preservation of fish, game or birds. Such depu- 



4 FISH AND GAME LAWS. 

ties shall receive no salary, and shall be entitled 
to the same fees as constables now receive in 
criminal cases for like services, and shall be paid 
in like manner. Such deputies may be removed 
at any time, and their places filled by the state 
fish and game warden. Such deputies shall have 
the right to act as informers or complainants and 
to serve the process in any action or proceeding 
for the recovery of such fines, penalties or for- 
feitures. 
Powers and du- Section 2. Such fish and game warden or any 
and deputies. 611 such deputy, shall have full power and authority 
to serve and execute all warrants and processes 
of law issued by justices of the peace or police 
magistrates, or by any court having jurisdiction, 
under the provisions of this chapter or any other 
law of this state, relating to the preservation of 
fish, g^me or birds, in the same manner as any 
constable may serve and execute such process, 
and may arrest any person or persons by them 
detected in actually violating any of the pro- 
visions of the laws of this state relating to the 
protection of fish, game or birds, and may take 
such person or persons so offending, before any 
court having jurisdiction of the offense, and make 
proper complaint before such court, which shall 
proceed with such cause in the manner and form 
as provided by law. It shall further be the duty 
of such fish and game warden or his deputies, up- 
on receiving information that any such law has 
been violated, to immediately cause a thorough 
investigation to be made of such complaint and 
to cause proceedings to be instituted, if the proof 
at hand will warrant a conviction. For which 
purpose, and for all the purposes of enforcing 
this chapter and in the apprehending or securing 
of any person or persons for the violation of the 
game, fish or bird laws of this state, and for the 
purpose of confiscating and obtaining a forfeiture 
of any nets, snares, traps, or other contrivances of 
any kind or of any dog or ferret, used in violation 
of any game, fish or bird laws of this state, they 
and every sheriff, deputy sheriff, coroner, con- 
stable, or police officer having the powers of a 
sheriff or constable, may call to their aid such 
persons, or the power of the county as they may 
deem necessary; and it shall be the duty of every 
sheriff, deputy sheriff, coroner, constable or police 



FISH AND GAME LAWS. 5 

officer having the powers of a sheriff or constable, 
of any county of this state, whenever required by 
such fish and game warden, or his deputies, to 
forthwith assist them in the execution of process 
and in the seizure and confiscation of any con- 
trivances or animals used in violation of such 
laws. Such fish and game warden and his 
deputies shall have the power, and it shall be 
their duty, to take and confiscate any and all nets, 
snares, traps, ferrets, or dogs, and every other 
means and contrivances whatsoever, used in 
violation of any of the fish, game or bird laws of 
this state. And any and all such property, means 
and contrivances, or animals, taken and confis- 
cated as aforesaid, shall, upon the conviction of 
the offender, or upon the judgment of the court 
having jurisdiction of the confiscation proceed- 
ings herein mentioned, be sold by such fish and 
game warden or his deputies, or by the sheriff, 
deputy sheriff, coroner, constable, or any police 
officer having the powers of a sheriff or constable, 
by the judgment and direction of such justice of 
the peace, police magistrate, or court before whom 
or in which the conviction or confiscation pro- 
ceedings may be had, and the proceeds derived 
from said sale be paid into the school fund of the 
county. 

Section 3. All sheriffs, deputy sheriffs, coro- sheriff, etc., 
ners and police officers, having by law the power deputies^ 010 
of a sheriff or constable, are hereby declared to 
be ex-officio deputy fish and game wardens. 

Section 4. All nets, seines, snares, traps or Nets, seines, 
other contrivances of any kind, or any dog or viSiatfono? 
ferret, used in violation of any of the game, fish £raband. con " 
or bird laws of this state, are hereby declared 
contraband. In order that the forfeiture of any proceedings to 
such property so declared to be contraband, may prop a erty uch 
be judicially declared and ascertained, any officer contraband, 
whose duty it shall be to enforce the laws of this 
state relating to the preservation of fish, game or 
birds, or any other person, may seize such prop- 
erty, without the warrant therefor hereinafter 
mentioned, and take the same before any court 
having jurisdiction thereof, which court shall 
hold the same until the determination of the pro- 
ceedings herein pointed out. Where such prop- 
erty has been seized without a warrant, as well 
as where a warrant is applied for, for the purpose 



6 FISH AND GAME LAWS. 

of making such seizure, a complaint in writing 
under oath shall be made, in which complaint it 
shall be alleged, that such contraband property- 
was being used for an unlawful purpose, describ- 
ing such purpose, and stating the time and place 
where used, and the name of the person or owner 
so using such contraband property for an unlaw- 
ful purpose, if the same be known to the com- 
plainant, and, if not known to the complainant 
then it may be alleged that the owner or person 
using such property is unknown to him. If the 
person owning or using such contraband prop- 
erty is known to him, then the complaint, war- 
rant and other entries or papers in such proceed- 
ings, shall be entitled as near as may be, thus: 
pia^fs,°war°- m " The state of Wisconsin against J. B., the owner 
rants, etc. or person in possession of a net unlawfully used 
for fishing. If the owner or persons using such 
contraband property are unknown, in like man- 
ner the complaint, warrant and other papers in 
the proceedings shall be entitled: The state of 
Wisconsin against the unknown owners of a net 
unlawfully used for fishing The form of the 
proceedings and entitling herein given shall be 
varied to suit the facts in each case. Upon the 
making of such complaint, the court before whom 
it is made shall issue its warrant, in which war- 
rant the substance of the complaint shall be set 
forth, and such warrant shall run to the sheriff or 
any constable of the county, where the proceed- 
ings are commenced, and shall command the 
officer serving the same, to seize the property 
alleged to be contraband, and to serve a copy of 
such warrant upon the owner of such contra- 
band property, or upon the person having pos- 
session of the same, and to make return of such 
writ and his proceedings thereunder, on the sixth 
day from the date thereof. If the officer serving 
such warrant cannot find the owner or person in 
whose possession such property is found, he shall 
make return to that effect upon the warrant. 
Such warrant shall state that the property 
described therein, will be, at the office of such 
court, naming the village, town or city where such 
office is, at an hour named in such warrant, and 
will be adjudged contraband and forfeit according 
to law. On the day and at the hour and place 
named in such warrant, such court shall proceed 



FISH ANDIGAME LAWS. 

to hear the evidence adduced by the parties, and 
such trial shall be conducted in accordance, with 
the rules of practice and procedure conferred by 
law upon such court. The district attorney shall District attor- 
appear for the state of Wisconsin, and the de- S^f prose " 
fendant in such proceeding may also appear by 
counsel and cross examine witnesses, as in other 
criminal trials. Where such proceeding is in 
justice court or in municipal or police courts, ex- 
ercising the powers of a justice of the peace, the 
defendant in such proceedings shall have the 
right of trial by jury given by law in such courts. 
If upon the return of such writ in any such pro- 
ceeding, the name of the owner or owners of 
such property is not known, or there is any un- 
certainty as to such ownership, the court may in 
its discretion continue such proceedings to a date 
not exceeding ten days from such return day, for 
the purpose of publishing notice of such proceed- 
ings. When such continuance for such purpose 
shall be had, the court shall cause to be published 
in some newspaper of the county, a notice of the 
pendency of such proceedings, in which notice the 
making of the complaint shall be alleged, a des- 
cription of the property seized and the place where 
found, and an allegation of the unlawful use being 
made of it, and that at the time and place to which 
such proceeding was continued, such property will 
be declared contraband and forfeit. Such notice 
shall be published for one week in such newspaper. 
Proof of the publication shall be made by the ed- 
itor or publisher, under oath, and filed with the 
papers in the proceeding. Where such publication 
is had, a trial and like proceedings shall be had on 
the day to which such cause is continued, as are 
provided for on the return day of such warrant. 
If the court or jury shall find such property to be 
contraband and forfeit, the court shall record such 
finding and judgment, and shall order and direct 
the sheriff or any constable of the county to seize 
and sell the same after giving five days' public 
notice of such sale. Such order shall be executed 
and such property seized and sold by any sheriff 
or constable to whom such order shall be given 
and the proceeds derived from the sale of such 
property, shall be paid into the school fund of the 
county. If the court or jury shall find such prop- 
erty to be not contraband, then the court shall 



8 PISH AND GAME LAWS. 

order said property to be returned to the owner. 
The finding of such court or jury shall be final 
and conclusive as to the character of such prop- 
erty, and the use made of it, except that the 
defendant may in actions tried before courts 
having the powers of justices of the peace, appeal 
from an adverse verdict or judgment, to the cir- 
cuit court of the proper county, where a new 
trial of such proceedings shall be had according 
to law. 
warden^ me Section 5. It shall be the duty of such fish and 
secretary of game warden to file in the office of the secretary 
state. f f-^g s tate, quarterly in each year, a report, 

stating the days and parts of days spent by him 
in the discharge of his duties, an itemized ac- 
count of his actual expenses and disbursements, 
the number of suits commenced at his instance, 
the number of convictions secured, the aggregate 
amount of fines collected, and the number of per- 
sons imprisoned for the violation of the laws for 
the preservation of fish, or game or birds; also 
itemized statements of the amount of fish or 
game, of the number of nets, seines, traps or other 
contrivances, used in violation of any of the laws 
of this state, and of the number of dogs, ferrets, 
or other animals forfeited under the laws of this 
state, for the preservation of fish, game or birds. 
Such statements shall be verified by the oath of 
such warden. 
Repeals certain s ECTIO n 6. Sections 5, 6, 7, 8, 9 and 11, of chap- 
ter 520, of the general laws of Wisconsin for the 
year 1887, are hereby repealed; chapter 456, of 
the general laws of Wisconsin for the year 1887, 
is hereby repealed; and sections 1, 2 and 3, of 
chapter 414, of the general laws of Wisconsin for 
the year 1889, are hereby repealed. 
ney^an/poHce Section 7. It shall be the duty of all the dis- 
officers to co- trict attorneys of this state, and all sheriffs, 
wanien to th deputy sheriffs, coroners, or police officers having 
?aw 0rcethe the powers of a constable and justices of the 
peace, and police magistrates, to co-operate with 
the fish and game warden and his deputies to 
secure the enforcemet of the laws of this state 
for the preservation of fish, game or birds; and it 
shall be the duty of such district attorneys to 
institute proceedings in the name of the state of 
Wisconsin, when complaint is made by such 
warden or any of his deputies, and to prosecute 



FISH AND GAME LAWS. J 

all such proceedings vigorously, and to furnish 
such warden and his deputies advice and assist- 
ance, from time to time, as the same may be re- 
quired. 

Section 8. Such fish and game warden and his Este nt of war 
deputies shall have the jurisdiction and powers *^s iurisdio- 
herein, or by any other law of this state, granted 
throughout the state, and over the sloughs of the 
Mississippi river, and to the thread of the stream 
of said river and over every other stream that 
forms the boundary line of this state to the 
thread of such stream and to the center of any 
lake which shall form a boundary line of this 
state. All laws for the preservation of fish, game 
or birds shall have force and effect in the Mis- 
sissippi river or in any other stream forming a 
boundary line of this state, to the thread of the 
stream of such river or other streams and shall 
have force and effect to the center of any lake 
forming such boundary line. Such fish and 
game warden, and his deputies shall have the 
power and authority conferred upon the fish and 
game wardens of this state by the provisions of 
any law not repealed by this act. Any court 
having jurisdiction of offenses against the laws 
of this state relating to the preservation of fish, 
game or birds, shall have jurisdiction of the pro- 
ceedings for forfeitures herein mentioned. All - 
laws of this state relating to the offices of fish 
wardens, or game wardens, or defining the duties 
of such officers, or conferring jurisdiction or 
authority upon them, shall apply to the office of 
fish and game warden created by this act, and 
such fish and game warden shall perform all 
duties required to be performed by the fish war- 
dens and game wardens of this state as now con- 
stituted. 

Section 9. Such fish and game warden shall salary of 
receive a salary of twelve hundred dollars per warden - 
year and actual disbursements while traveling in 
the line of his duties; such disbursements to be 
audited by the secretary of state, and paid out of 
the state treasury as other salaries and disburse- 
ments are paid, upon sworn vouchers and re- 
ceipts, as other accounts are audited; and he shall 
also be allowed necessary printing, stationery and printing and 
postage. His deputies shall receive no salary or statloner y- 
fee except as herein provided. A sum sufficient 



10 FISH AND GAME LAWS. 

to pay the salary and expenses of such warden 
and the other expenses to be incurred by him 
under the provisions of this act is hereby appro- 
where office to priated. Such fish and game warden shall have 
be located. his office at the city of Madison and shall devote 
his entire time to the performance of the duties 
of his said office. 

Section 10. This act shall take effect and be 
in force from and after its passage and publica- 
tion. 
Approved April 24, 1891. 






FISH LAWS. 



FISH. 

WHEN MAY BE CAUGHT. 



Except as otherwise provided in local laws referred to on 
pages 26—37.) 



3, black, green and Oswego May 1 to Feb. 1 

Muskallonge May 1 to Feb. 1 

Pike (wall-eyed) May 1 to Mar. 1 

Trout (brook, rainbow and mountain) Apr. 15 to Sept. 1 

Trout (Mackinaw lake) Jan. 15 to Oct. 1 

White fish (in inland lakes, etc., with net) . . Nov. 10 to Dec. 15 



FISH LAWS. 



INLAND WATERS. 



CHAPTER 375, LAWS 1887. 

[As amended by Chapters 465 and 486, Laws 1889. J 

CONTENTS. 

Use of nets or snares prohibited in inland lakes, rivers or 

streams, except for white fish Sec. 1 

When fish may be taken Sec. 2 

Use of dynamite or other explosives for purpose of catch- 
ing prohibited, also spears, except in Mississippi 
river and sloughs, and for sturgeon in Lake Winne- 
bago, Fox and Wolf rivers Sec. 3 

Brook, rainbow or mountain trout of not less than six 
inches in length not to be caught for exportation, 
and only to be caught with hook and line Sec. 4 

Fish commissioners may take fish from any waters for 

the purpose of artificial propagation Sec. 5 

Penalty for violation of this chapter . Sec. 6 

Eepeal of all acts contravening this act Sec. 7 



AN ACT for the protection of fish in the inland 
waters of the state. 

The people of the state of Wisconsin, represented 
in senate and assembly, do enact as follows: 

Section 1. (As amended by chapter 465 and 486, Nets not to be 
laws of 1889.) No person or persons shall be watersfexJep- 3 
allowed to set, place or use any gill, fyke, pound, tion - 
seine, dip or other net or snare, in the inland 
lakes, rivers or streams of the state of Wisconsin, 
and no person or persons shall catch or take fish 
in any of the inland lakes, rivers or streams in 



14 ISH AND GAME LAWS. 

said state by the use of any such net or seine (ex- 
cept fish known as white fish may be taken with 
a dip-net having a hoop not exceeding thirty 
inches in diameter, between the tenth day of 
November and the fifteenth day of December in 
inland lakes, each year.) The inland lakes, rivers or streams 
etc., defined. gna jj foe construed as meaning all waters within 
the jurisdiction of the state except Lake Superior, 
Lake Michigan, Green Bay, Sturgeon Bay, that 
part of Fox river lying north and east of a line 
drawn from a northeast corner of a southeast 
quarter of section twenty-four (24,) town twenty- 
four (24), range twenty (20) east, to the south- 
westerly corner of claim number forty six (46), in 
town twenty-four (24) north, of range twenty-one 
(21) east, according to government survey, and 
private ponds. This act shall not be construed 
to prevent the catching of minnows, shiners, chubs, 
dace, suckers or stickleback for bait by means of 
dip-nets, or seines, of not more than fifty feet in 
length, nor more than three feet in depth. Pro- 
vided, that such minnows, shiners, chubs, dace or 
stickleback so caught for bait, shall not be taken 
in quantities exceeding one-half bushel in meas- 
ure, at any one time, and no such fish caught for 
bait shall be allowed to be shipped out of the state 
of Wisconsin, except in streams or waters in- 
habited by or containing trout of any variety. 
The possession by any person or persons of any 
such net, snare or fish specified in this section 
upon or on the border of any such inland lake, 
river or stream, shall be prima facie evidence of 
the use of such net or snare, and the catching or 
taking of such fish therewith by the person or 
persons in whose possession they are found; and 
Nets, etc., to be all such net or nets, snares or fish so found shall 
waS d by be taken and confiscated by the wardens and the 
same upon the conviction of such person or per- 
sons of such offense, shall be destroyed by said 
wardens by and under the direction of the court 
by and before whom such conviction is had. 

Section 2. (As amended by chapter 486, laws 
of 1889.) No person or persons shall be allowed 
to fish for, catch or kill with any device, nor shall 
any person or persons sell or offer for sale, or buy 
or have in their possession any brook trout, 
mountain trout, rainbow trout, Mackinaw trout, 
pike, black, green and Oswego bass or muskallonge 



FISH AND GAME LAWS. 15 

during their spawning season. The spawning or 
closed season shall be construed as follows: 
Brook, rainbow and mountain trout from the first spawning sea- 
day of September to the fifteenth day of April. sondeflne(i - 
Mackinaw trout (commonly called Lake trout) 
from the first day of October to the fifteenth day 
of January. Pike (commonly called wall eyed 
pike) from the first day of March to the first day 
of May; and black, green and Oswego bass and 
muskallonge, from the first day of February to the 
first day of May. This act shall not be construed 
to prevent the buying or selling of fish or possess- 
ing fish during such spawning season that hare 
been raised in private ponds or caught in other 
than the inland waters of the state. 

Section 3. (As amended by chapter 486, laws Dynamite not 
of 1889.) No person or persons shall be allowed to soused, 
catch, kill or take any fish in any waters of the where - 
state by means of dynamite or other explosives, 
or spear, except that a spear may be used 
in the waters of the Mississippi river and 
sloughs, and also a spear may be used in the 
waters of Lake Winnebago, Fox and Wolf 
rivers, and all waters emptying into Green Bay, 
for sturgeon and pickerel only. 

Section 4. (As amended by chapter 486, laws Trout to be 
of 1889.) No person shall catch for sale, or offer nn g g oniy7 ang " 
for sale, or barter or ship out of the state any 
brook, rainbow or mountain trout caught in the 
public waters of this state, nor shall any person 
or persons catch, kill or take any brook, rainbow 
or mountain trout from any of the public waters 
of the state by means of any other device than 
hook and line or angling. 

Section 5. The board of fish commissioners, or Msn commis- 
their authorized agents, may take at all seasons, tiTe^hXu 
and in any way, fish from the public waters for tu?cai nS ro° r - ar " 
the purpose of artificial propagation. gation. 

Section 6. Any person or persons violating Penalty for vk>- 
any of the provisions of this act shall, upon con- S. 011 of thJS 
viction thereof, be subject to a fine of not less 
than ten dollars nor more than one hundred dol- 
lars, together with the costs of prosecution for 
each and every offense, and shall, on conviction, 
be committed to the county jail until such fines 
and costs are paid, or the offender or offenders 
are discharged by law. 

Section 7. All acts now in force respecting 



16 FISH AND GAME LAWS. 

Formeracts ttie protection of fish in the inland waters, except 
such acts as refer to the construction of fish- ways 
are hereby repealed. 

Section 8. This act shall take effect and be in 
force from and after its passage and publication. 

Approved April 8, 1887. 



CHAPTER 486, LAWS OF 1889. 

[The first four sections of this law are amendatory of chap- 
ter 375, laws 1887, and are incorporated in that act as above, 
and the following four sections are new legislation and so are 
given separately.] 

signs to be Section 5. Any person or corporation de- 

rate fish ponds, siring to raise, cultivate, preserve or propagate 
speckled, river, salmon, mountain hybrid or 
brook trout, in any stream, pond or lake within 
this state, flowing through or situate upon land 
owned or leased by him or it, shall post in at 
least two conspicuous places upon such lands 
durable signs setting forth the name of the owner 
or lessee; that such premises are devoted to the 
purposes of a fish pond, pound or preserve; and 
that thereafter any person or persons entering 
upon such premises without permission or au- 
thority of the owner or lessee will be guilty of 
trespass and liable to be punished according to 
the law of the state of Wisconsin. If a stream is 
sought to be preserved such signs shall be posted 
upon its banks, one at each end of the portion 
sought to be preserved; and also at points inter- 
mediate, not more than half a mile apart; and the 
whole of such streams between these upper and 
lower points shall be protected and preserved by 
this act. 
Sd e L°a £ y fi con- Section 6. Any person or corporation desirous 
s t ruc instreams °^ so ra ^ s ' n S' cultivating, preserving, propogating 
' or keeping such trout in any stream belonging to 
or leased by him or it, shall have the right and 
are hereby authorized to erect, construct and 
maintain upon such premises or in or upon such 
stream or water, such dams, sluices, screens, 
wires, pens, gates, obstructions, houses, buildings, 
boats, docks and other things of every description, 



FISH AND GAME LAWS. 17 

which may be by him or it deemed necessary for 
such purposes. 

Section 7. If any person or persons shall Persons enter* 
enter in or upon the premises, stream or water j£lse?ve guilty 
so preserved and protected without consent of of tres P ass - 
the owner or lessee, he or they shall be guilty of 
trespass; aud if, after such trespasser or tres- 
passers shall so enter, he or they shall set or put 
or attempt to set or put any seine, net, hooks or 
other device or contrivance for catching or kill- 
ing fish, into said water or stream, or shall fish 
or attempt to fish therein, by or with hook and 
line or in any other manner, or by shooting fish 
therein with a gun, pistol, or bow and arrow, or 
by using or attempting to use a spear or gig, they 
shall in addition to being guilty of trespass be 
guilty of a misdemeanor. 

Section 29. This act shall take effect and be 
in force from and after its passage and publica- 
tion. 

Approved April 17, 1889. 



BROOK TROUT. 



CHAPTER 369, LAWS 1889. 

AN ACT to amend section 1, of chapter 471, of 
the laws of 1885, relating to the catching of 
brook trout. 

The people of the state of Wisconsin, represented 
in senate and assembly, do enact as follows: 

Section 1, Section 1, of chapter 471, of the Amending 
laws of 1885, is hereby amended by striking out ltwfoTitssk 
the words, "provided, however, that the provis- 
ions of this act shall not extend to or affect the 
counties of Ashland, Bayfield, Douglas, Polk, ■ 
Pierce or Burnett," so that said section, when so 
amended, shall read as follows: Section 1. Any toooRroSt 
person who shall catch for sale or offer for sale 
2 



18 



FISH AND GAME LAWS. 



or barter, any brook trout caught in any of the 
streams, ponds or lakes of this state, shall be 
deemed guilty of a misdemeanor, and upon con- 
viction thereof shall be punishable by a fine of 
not less than five dollars nor more than ten dol- 
lars, and upon conviction for a second violation of 
the provisions of this act, shall be punishable by 
a fine of not less than ten dollars nor more than 
twenty dollars; provided, that this act shall not 
prohibit the catching, for sale or barter, brook 
trout, raised and propagated in any of the streams 
or ponds of this state by the owners thereof or 
their agents. 

Section 2. This act shall be in force and take 
effect from and after its passage and publication. 

Approved April 11, 1889. 



BASS AND PIKE. 



Certain fish of 
less than a 
pound in 
weight not to 
be sold. 



Penalty. 



CHAPTER 371, LAWS OF 1889. 

AN ACT to prevent the destroying of small wall- 
eyed pike, black bass and frog bass, and to re- 
peal chapter 412, laws of 1887. 

The people of the state of Wisconsin, represented 
in senate and assembly, do enact as follows: 

Section 1. Hereafter it shall be unlawful to 
sell within the state of Wisconsin, any wall-eyed 
pike (commonly called dorie), black bass and frog 
bass of less than one pound weight each. 

Section 2. It shall be unlawful for any person 
or persons to have in his or their possession to 
exceed ten pounds of wall-eyed pike, black bass 
or frog bass, weighing less than one pound each. 

Section 3. Any person or persons violating 
any of the provisions of this act, shall upon con- 
viction thereof, be subject to a fine of not less 
than ten dollars nor more than fifty dollars, to- 
gether with costs of prosecution, for each and 
every offense, and shall be committed to the 



FISH AND GAME LAWS. 19 

county jail until such fine and costs are paid, or 
the offender or offenders are discharged by law. 

Section 4. Justices of the peace shall have jurisdiction 
jurisdiction to hear, try and determine all cases S^oftiie 
and actions arising under the provisions of this peace - 
act, and all fines received under the provisions of 
this act shall be paid into the school fund. 

Section 5. Chapter 412, of the laws of 1887, is 
hereby repealed. 

Section 6. This act shall take effect and be in 
force from and after its passage and publication. 

Approved April 12, 1889. 



SAWDUST AND OTHER CONTAMINATING 
REFUSE. 



CHAPTER 490, LAWS OF 1887. 

AN ACT to prohibit owners and occupants of por- 
table saw-mills from allowing sawdust or other 
refuse to be deposited in trout brooks. 

Tlie people of the state of Wisconsin, represented 
in senate and assembly, do enact as follows: 

Section 1. It is hereby made a misdemeanor penalty for de- 
for any parties owning or operating portable ^frou! refuse 
saw-mills in the state of Wisconsin, to deposit Btream 
any sawdust or other refuse in streams wherein 
the fish commissioners of the state have deposited 
fry, or wherein brook trout abound naturally; and 
on proof of any such offense, shall be punisha- 
ble by a fine of not less than fifty dollars nor 
more than one hundred dollars for each offense. 

Section 2. This act shall not apply to streams 
used for the purpose of driving logs or to portable 
mills erected on such streams previous to the 
passage of this act. 

Section 3. This act shall take effect and be in 
force from and after its passage and publication. 

Approved April 14, 1887. 



FISH LAWS. 



RELATING TO WATERS OF THE STATE 
NOT INLAND. 



CHAPTER 520, LAWS OF 1887. 

(As amended by chapter 453 laws of 1889 and partly repealed 
by chapters 291 and 233 laws of 1891.) 

AN ACT in relation to the fishing industries of 
Lake Michigan, Lake Superior, Chequamegon 
Bay, Green Bay and Sturgeon . Bay, to protect 
and increase the fish supply thereof, and to ap- 
propriate a certain sum of money therein 
named, and to repeal chapter 455. of the laws of 
1885. 

The people of the state of Wisconsin, represented 
in senate and assembly, do enact as follows: 

white Ash less Section 1. It shall hereafter be unlawful for 

anda a hatfin d any dealer or other person to buy, or for any one 

becaught^r* to seu or offer to sell,or for any one to have in his 

sold - possession, in this state, or for any one to ship out 

of this state, any white fish of less than a pound 

and a half, round or undressed weight, or one 

pound dressed weight; provided, however, that any 

one engaged in fishing as a business may be per- 

mitted.to have in their possession only such amount 

of white fish of less than one and a half pounds in 

weight as the warden in his judgment may think 

unavoidable; provided, further, that such amount 

shall under no circumstances exceed fifty pounds. 

Any dealer or other person violating any of the 

Penalty. provisions of this section shall be deemed guilty 

of a misdemeanor, and on conviction thereof shall 

be puuished by a fine of not less than five dollars 

nor more than ten dollars and costs, and on a 



FISH AND GAME LAWS. *1 

second or subsequent conviction for a similar of- 
fense shall be punished by a fine of not less than 
twenty-five dollars nor more than fifty dollars and 
costs. 

Section 2. As amended by chapter 453, laws 
of 1889. Repealed by chapters 291 and 233, laws 
of 1891. 

Sections. It shall hereafter be unlawful for Fish offai not 

a. , i u j £ to be deposited 

any person or persons to throw overboard from in waters men- 
any row, sail or steam boat or other craft, or tloned - 
throw into any of the waters mentioned in the 
title of this act, or any bays thereof, or streams 
emptying therein, any fish offal. Fish offal shall Fi8noffal de _ 
be construed to mean the cleanings of fish, such flne <i. 
as heads, intestines, blood and dead fish. Any 
fisherman coming to the shore with fish in his 
boat, dressed, and having no offal in his boat, 
shall be deemed prima facie guilty of a violation 
of this section. Any person violating the pro- penalty. 
visions of this section shall be deemed guilty of a 
misdemeanor, and on conviction thereof shall be 
punished by a fine of not less than five dollars, nor 
more than ten dollars and costs. 
Section 4. The waters of Sturgeon Bay shall sturgeon Bay 

i !•,,., . • e i.\ • r declared to be 

be subject to the provisions or this ace so tar as subject to the 
applicable, except no pound, gill or fyke net or ^ v a^ ns o£ 
seine or any other net or device for catching or 
trapping fish will be permitted to be placed there- 
in, except a dip net to be used for the purpose of 
catching minnows for bait and gill nets the 
meshes of which are not less than four and one- 
half inches, stretch measure; and it shall be un- 
lawful to catch any fish in Sturgeon Bay by any 
other methods than is provided in this section. 
The waters of Sturgeon Bay shall be considered 
that portion lying south of a line drawn from the 
extreme southerly point of Sherwood Point. 
Said line running east to the shore terminating 
in section nineteen, township twenty eight, range 
twenty-six east, in Door county; provided that 
all the waters of Sawyer's harbor shall be con- 
strued a part of Sturgeon Bay. 

Section 5. Repealed by chapter 436, laws of 
1891. 

Section 6. Repealed by chapter 436, laws of 
1891. 

Section 7. Repealed by chapter 436, laws of 
1891. 



22 



FISH AND GAME LAWS. 



Upon com- 
plaint, district 
attorney to 
prosecute. 



Repealed by chapter 436, laws of 
Repealed by chapter 436, laws of 



Section S. 
1891. 

Section 9. 
1891. 

Section 10. As amended by chapter 453, 
laws of 1889. Upon complaint made in writ- 
ing under oath before any justice of the peace, 
charging the commission of an offense against 
any of the provisions of this act in this county, it 
shall be the duty of the district attorney of that 
county to prosecute the offender; and justices of 
the peace shall have power throughout their 
respective counties to hear, try and determine 
any and all violations of the provisions of this 
act. One-half of all fines collected under the pro- 
visions of this chapter shall be paid to the county 
treasurer of the county in which said fines may be 
collected, and the said treasurer shall pay the 
same into the school fund; the remaining one- 
half shall be paid to the warden or deputy war- 
den making the arrest. 

Section 11. Repealed by chapter 436, laws Of 
1891. 

Section 12. Chapter 455, of the laws of 1885, 
and all acts or parts of acts contravening the pro- 
visions of this act are hereby repealed. 

Section 13. This act shall take effect and be in 
force from and after its passage and publication. 

Approved April 14, 1887. 



Nets, etc., not 
to be used. 



CHAPTER 435, LAWS OF 1891. 

AN ACT to protect the fish in Sturgeon Bay. 

TJie people of the state of Wisconsin, represented 
in senate and assembly, do enact as follows : 

Section 1. It shall be unlawful after the pas- 
sage of this act, for any person, for himself or 
another, to set in the waters of Sturgeon Bay, any 
pound, gill, seine, fyke or trap net, or to use any 
spear therein. The waters of Sturgeon Bay shall 
be considered and construed to mean that body 



FISH AND GAME LAWS. 

of water lying south of a line drawn from the ex- 
treme easterly point to Sherwood's point, in the 
town of Nasewaupee, in Door county; said line 
running northeasterly to the shore, terminating 
on the section line between sections twelve and 
thirteen, in township twenty eight north, of 
range twenty-five east, in Door county; provided, 
that all the waters of Sawyer's harbor shall be 
construed to be a part of Sturgeon Bay. 

Section 2. Any person violating any provision Penalty. 
of this act shall be deemed guilty of a misde- 
meanor, and on conviction thereof shall be pun- 
ished by a fine not less than twenty-five dollars 
and costs of prosecution, or by imprisonment in 
the county jail not less than sixty days nor more 
than six months, or by both such fine and im- 
prisonment; and on a second and subsequent con- 
viction for a similar offense shall be punished by a 
fine of not less than fifty dollars nor more than 
one hundred dollars and cost of prosecution, or 
by imprisonment in the county jail not less than 
ninety days nor more than six months, or by both 
such fine and imprisonment. 

Section. 3. This act shall be in force from and 
after its passage and publication. 

Approved April 24, 1891. 



CHAPTEB 291, LAWS OF 1891. 

AN ACT regulating the size of mesh of all nets 
set in Lake Superior, and to repeal section 1, of 
chapter 453, of the laws of 18S9, in relation to 
fishing industries. 

The people of the state of Wisconsin, represented 
in senate and assembly, do enact as follows: 

Section 1. It shall be unlawful after the pas- siee of mesh, 
sage of this act, for any person, for himself or for 
others, to set in the waters of Lake Superior or 
any bays thereof being within the boundaries of 
this state, any trap, fyke, float, net or seine whose 
mesh is less than three and one-half inches 



24 



FISH AND GAME LAWS. 



stretch measure, or one and three quarters inches 
bar measure, or any pound net, the back and two 
opposite sides of the pot thereof whose mesh is 
less than three and one half inches stretch meas- 
ure, or one and three quarter inches bar measure, 
penalty. Section 2. Any person working for himself or 

as an employe, violating the provisions of this 
act, shall be deemed guilty of a misdemeanor, and 
shall on conviction thereof be punished by a fine 
of not less than twenty-five dollars nor more than 
one hundred dollars, and upon a conviction of a 
second violation of the provisions hereof, shall be 
punished by a fine of not less than fifty dollars, 
nor more than one hundred dollars and imprison- 
ment in the county jail for not less than ten days 
nor more than thirty days. 

Section 3. Section 1, of chapter 453, of the 
laws of 1889, in relation to fishing industries is 
hereby repealed. 

Section 4. This act shall take affect and be in 
force from and after its passage and publication. 

Approved April 17, 1891. 



CHAPTER 482, LAWS OF 1889. 



Eggs and milt 
of trout taken 
to be replaced 
in waters. 



AN ACT relating to the fishing industries of 
Lake Michigan, Lake Superior, Chequamegon 
Bay, Green Bay and Sturgeon Bay, and to in- 
crease the fish supply thereof. 

The people of the state of Wisconsin, represented 
in senate and assembly, do enact as follows: 

Section 1. Every person fishing for himself, 
or for another as an employe, shall, while fishing 
in any of the waters of Lake Michigan, Lake 
Superior, Chequamegon Bay, Green Bay and Stur- 
geon Bay, from the twentieth day of October to 
the first day of November, in any year, take the 
eggs from the female trout while alive, and the 
milt from the male trout while alive, and after 
mixing them together in a pail or pan, immedi- 



FISH AND GAME LAWS. 25 

ately cast them into the water where such fish 
are taken. And it is likewise made their duty to Sa me as to 
pursue the same course as to whitefish, from the white flsh - 
first to the twenty-fifth day of November in each 
year. Any person violating the provisions of this 
act shall be deemed guilty of a misdemeanor, and 
on conviction thereof shall be punished by a fine 
of not less than ten dollars ($10), nor more than Penalty, 
twenty-five dollars ($25) and costs, and upon con- 
viction for a second or subsequent offense, shall 
be punished by a fine of not less than twenty-five 
dollars ($25), nor more than fifty dollars ($50) and 
costs. 

Section 2. Upon complaint made in writing District attor- 
under oath, before any magistrate or "justice of ney to prose- 

ji i "ji •• n m* cute otrenuer. 

the peace, charging the commission of an offense 
against the provisions of this act in his county, it 
shall be the duty of the district attorney to prose- 
cute the offender, and justices of peace shall have 
power throughout their respective counties to 
hear, try and determine any violations of the pro- 
visions of this act. 

Section 3. This act shall take effect and be in 
force at once, after its passage and publication. 

Approved April 17, 1889. 



LOCAL FISH LAWS. 



BASS CHANNEL — BROWN COUNTY. 



CHAPTER 43, LAWS OF 1882. 

AN ACT for the preservation of fish in the waters 
of Bass Channel, Brown county, Wisconsin. 

The people of the state of Wisconsin, represented 
in senate and assembly, do enact as follows'. 

£h 8 toB«£ n o£ Section 1. No person or persons shall place, 
channel. set, draw or use any seine, net, pound, gill net, 
spears or any other contrivance or device other 
than hook and line in the waters of Bass Channel, 
Brown county, Wisconsin, for the purpose of 
taking or catching fish therein, provided, how- 
ever, that nothing in this act shall prevent or 
prohibit in any manner the catching of fish by 
means of hook and line in the months of May, 
June, July, August, September and October in 
each year. 
penalty. Section 2. Any person who shall violate any of 

the foregoing provisions of this act shall on con- 
viction thereof be deemed guilty of a misdemeanor 
and be fined not less than five nor more than 
twenty-five dollars with costs of prosecution. 

Section 3. This act shall take effect and be in 
force from and after the first day of May A. D. 
1832. 
Approved March 2, 1882. 



FISH AND GAME LAWS. Z7 



BRULE RIYER — DOUGLAS COUNTY. 



CHAPTER 138, LAWS OF 1891. 

AN ACT fixing the time of the spawning or 
closed season for the Brule river, in Douglas 
county. 

The people of the state of Wisconsin, represented 
in senate and assembly, do enact as follows: 

Section 1. The spawning or closed season, as spawning sea- 
construed and established by section 2, chapter rf^er. or Bnd0 
486, laws of 1889, of the state of Wisconsin, for 
brook, rainbow and mountain trout, be and 
hereby is, construed, fixed and established for 
such brook and mountain trout, and for grayling, 
in and for the Brule river and its tributaries in 
Douglas county, Wisconsin, from September first 
to the fifth day of August next succeeding, in 
each year. 

Section 2. All acts or parts of acts conflicting 
or inconsistent with the provisions of this act be 
and the same are hereby repealed. 

Section 3. This act shall take effect and be in 
force from and after its passage and publi- 
cation. 

Approved April 3, 1891. 



28 FISH AND GAME LAWS. 



DOUGLAS MILL POND— JACKSON COUNTY. 



CHAPTER 392, LAWS OF 1889. 

AN ACT for the preservation of fish in the Douglas 
mill pond and Douglas creek and its tributaries, 
in Jackson county, Wisconsin. 

The people of the state of Wisconsin, represented 
in senate and assembly do enact as follows: 

preservation of Section 1. For and during the full period of 
mmpond and S three years from and after the fifteenth day of 
coi Jackson April, A. D. 1889, no person shall catch, kill or 
take any brook, rainbow or mountain trout, or 
other fish from the Douglas mill pond, situated in 
the town of Melrose, in the county of Jackson, 
in this state, or from Douglas creek, or any of its 
tributaries in the said county of Jackson, by 
means of a hook and line, or any other device 
whatever, 
penalty. Section 2. Any person violating the provisions 

of section 1, of this act, shall, upon conviction 
thereof, be punished by a fine not less than ten 
nor more than one hundred dollars, and the costs 
of prosecution, and in default of the payment of 
such fine and costs, be committed to the common 
jail until the same are paid, or until discharged 
by due course of law. 

Section 3. This act shall take effect and be in 
force from and after its passage and publication. 
Approved April 15, 1889. 



FISH AND GAME LAWS. 29 



GREEN LAKE COUNTY. 



CHAPTER 458, LAWS OF 1891. 

AN ACT to preserve and protect fish in Green 
Lake county, including all streams, creeks, 
sloughs, bayous, marshes and waters adjacent 
and tributary to said Green Lake and Little 
Green Lake. 

The people of the state of Wisconsin, represented 
in senate and assembly, do enact as follows: 

Section 1. No person or persons shall set, Nets, etc., not 
place, or use any gill, fyke, pound, seine, dip or tobeused - 
other net or snare, or cause the same to be set, 
placed or used, in Green Lake and in Little Green 
Lake, in Green Lake county, including all 
streams, creeks, sloughs, bayous, marshes and 
waters adjacent and tributary to said Green 
Lake. 

Section 2. No person or persons shall fish for, 
catch or kill, with any device, or cause to be 
fished for, caught or killed, with any device, any 
trout, pike, pickerel, or black bass, during their 
spawning season, in said Green Lake, and Little 
Green Lake, including all streams, creeks, 
sloughs, bayous, marshes and waters adjacent 
and tributary to said Green Lake. The spawn- 
ing season shall be construed as follows: For spawning 
trout, from the first day of September to the season denned. 
fifteenth day of April; for pike and pickerel from 
the tenth day of April to the fifteenth day of 
May; and for black bass, from the first day of 
May until the first day of July. 

Section 3. Any person or persons violating penalty. 
any of the provisions of this act shall be deemed 
guilty of a misdemeanor, and shall upon convic- 
tion thereof, forfeit and pay a sum not less than 
twenty dollars nor more than one hundred dol- 
lars, in the discretion of the court, and also pay 
the costs of the prosecution, and also the costs 



30 FISH AND GAME LAWS. 

incurred by the county at the request of the de- 
fendant, to be taxed by the court, and to be com- 
mitted to the county jail until said forfeiture and 
costs be paid; but such imprisonment shall not 
be less than thirty days, and in no case to exceed 
six months, and is to cease whenever said for- 
feiture and costs be paid. 

Section 4. The said forfeiture shall be recov- 
ered in a criminal action, in the name of the state 
of Wisconsin, before any justice of the peace of 
said Green Lake county, and one- half of said for- 
feiture, when collected, shall be paid to the per- 
son making the complaint, and the remainder of 
said forfeiture and costs shall be paid into the 
the county treasury, according to law. 

Section 5. This act shall not be construed to 
prevent the catching of minnows, shiners, and 
chubs, with minnow nets for bait, nor the spear- 
ing of suckers in said Green Lake and Little 
Green Lake; and which is hereby declared law- 
ful. 

Section 6. No general laws of this state con- 
travening with the provisions of this act shall be 
considered as repealing, amending or modifying 
the same, unless such purpose be expressly set 
forth in such law. 

Section 7. This act shall take effect and be in 
force from and after its passage and publication. 

Approved April 2i, 1891. 



FISH AND GAME LAWS. 31 



OSCEOLA CREEK — POLK COUNTY. 



CHAPTER 339, LAWS OF 1891. 

AN ACT for the preservation of trout in the 
waters of Osceola creek, in Polk county, Wis- 
consin. 

The people of the state of Wisconsin, represented 
in senate and assembly, do enact as follows: 

Section 1. No person shall, for the period of Trout not to be 
three years from the taking effect of this act, in c?eekbXe 
any manner, catch, kill or take from the creek Ma ^ 4 > 1894 - 
called and known as Osceola creek, the outlet of 
Osceola lake, and running through sections 
thirty-six, twenty- five, twenty-three, twenty-six 
and twenty-seven, in township thirty-three north, 
ranges eighteen and nineteen west, in Polk county, 
state of Wisconsin, any brook or speckled trout; 
provided, any person owning or managing a por- Exception. 
tion of said Osceola creek, exclusively for the 
propagation, hatching or raising for family use or 
for market, of brook or speckled trout, shall not 
be subject to the provisions or penalties of this 
act. 

Section 2. Any person who shall violate the Penalty. 
provisions of this act shall be deemed guilty of a 
misdemeanor, and upon conviction thereof, shall 
be fined not less than ten nor more than fifty dol- 
lars, for each and every offense, together with all 
costs of prosecution, and stand committed to the 
common jail of said county until such fine and 
costs are paid, or until otherwise discharged by 
law. Justices of the peace in and for said Polk 
county, shall have jurisdiction of all complaints 
under this act. 

Section 3. This act shall take effect and be in 
force from and after its passage and publication. 

Approved April 22, 1891. 



32 FISH AND GAME LAWS. 



ROCK LAKE — JEFFERSON COUNTY. 



CHAPTER 213, LAWS OF 1891. 

AN ACT for the preservation of fish in Rock lake, 
in Jefferson county. 

The people of the state of Wisconsin, represented 
in senate and assembly, do enact as follows: 

Fish not to be Section 1. It shall be unlawful for any person 
Bock Se be- to kill, destroy, catch or take, in any way or man- 
i^ e and J jime ary ner ' °y an y Revise or means whatsoever, any kind 
ist. of fish from the waters of Rock lake, in Jefferson 

county, between the first day of January and 
the succeeding first day of June in any year, and 
any person who shall catch or take, or attempt to 
do so, from the waters of said Rock lake, any 
caught at any kind of fish, at any time, by any device or means 
means y other other than by hook and line or angling, shall be 
tban hook and punished by a fine of not less than five dollars nor 
more than twenty dollars for each and every of- 
fense, with costs of suit, and shall be imprisoned 
in the county jail of said county until such fine 
and costs are fully paid, or until discharged by 
due course of law. One-half of such or said fine 
shall be paid to the complainant, and the remain- 
der to the town treasurer of the town in which 
the offense is committed. 
jurisdiction to Section 2. Justices of the peace shall have 
Ksti^es^of^he jurisdiction to hear and determine all cases which 
peace. may arise under the provisions of this act; pro- 

vided, that the defendant shall not be deprived 
of a jury trial nor the right of appeal, as in other 
cases. 

Section 3. This act shall take effect and be in 
force from and after its passage and publication. 
Approved April 11, 1891. 



FISH AND GAME LAWS. 3S 



TROUT RUN — JACKSON COUNTY. 



CHAPTEE 211, LAWS OF 1891. 

AN ACT for the preservation of fish in Trout 
Run, Jackson county. 

The people of the state of Wisconsin^ represented 
in senate and assembly, do enact as follows: 

Section 1. No person or persons shall be Fish not to be 
allowed to fish for, take catch or kill with any tS RuTbe- 
device whatever, any fish in the stream known Jg£ ApriI 15 » 
as Trout Run, or in its tributaries, in the town of 
Irving, in the county of Jackson, in this state, for 
a period of two years from the fifteenth day of 
April, 1891; nor shall any person or persons sell, 
or offer for sale, or buy, or have in their posses- 
sion any such fish caught or taken from such 
stream or its tributaries for such period of two 
years. 

Section 2. Any person who shall violate any Penalty. 
of the provisions of this act, shall, on conviction 
thereof, be deemed guilty of a misdemeanor, and 
be fined not less than five nor more than twenty- 
five dollars, with the costs of prosecution. 

Section 3. This act shall take effect and be 
in force from and after its passage and publica- 
tion. 

Approved April 11, 1891. 



34 



FISH AND GAME LAWS. 



WASHINGTON COUNTY. 



CHAPTER 343, LAWS OF 1891. 



Hook and line 
to be used only. 



Closed season 
bass, etc. 



Closed season 
pickerel. 



Closed season 
for all flsh. 



Penalty. 



AN ACT relating to the preservation of fish in 
Washington county. 

The people of the state of Wisconsin, represented 
in senate and assembly, do enact as follows: 

Section 1. It shall be unlawful for any person 
to take, catch, kill or in any way or manner de- 
stroy any pike (commonly called wall-eyed pike), 
pickerel, black or Oswego bass, in any of the lakes, 
ponds, streams or other waters of Washington 
county, except by hook and line. 

Section 2. It shall be unlawful for any person 
or persons to take, catch, kill or in any way or 
manner destroy any pike (commonly called wall- 
eyed pike), black or Oswego bass, in any of the 
lakes, streams, ponds or other waters of Wash- 
ington county, from the first day of November, 
to the fifteenth day of the following June in any 
year. 

Section 3. It shall be unlawful for any person 
or persons to take, catch, kill or in any way or 
manner destroy any pickerel in any of the lakes, 
streams, ponds, or other waters of Washington 
county, from the first day of February to the 
fifteenth day of the following June, in any year. 

Section 4. It shall be unlawful for any person 
or persons to take, catch, kill or in any way or 
manner destroy any kind of fish in any of the 
lakes, streams, ponds, or other waters of Wash- 
ington county, from the first day of May to the fif- 
teenth day of the following June, in any year. 

Section 5. Any person or persons violating 
the provisions of this act, or any of them, shall be 
guilty of a misdemeanor, and upon conviction 
thereof, be punished by a fine of not less than five 
nor more than fifty dollars, together with the costs 
of prosecution, for each and every such violation, 



FISH AND GAME LAWS. 35 

and imprisonment in the county jail of said county 
until such fine and costs are fully paid, or until he 
shall be discharged by due course of law. One- 
half of said fine shall be paid to the complainant 
and the remainder shall be paid into the county 
treasury, to be disposed of according to law. 

Section 6. The justices of the peace of Wash- J ^fto5* T J e 
ington county shall have jurisdiction to hear, try jurisdiction. 
and determine all cases which shall arise under 
this chapter; provided, that the defendant shall 
not be deprived of a jury trial. 

Section 7. No general law of this state contra- 
vening the provisions of this act, shall be consid- 
ered as repealing, amending, or modifying the 
same, unless such purpose be expressly set forth 
in such law. 

Section 8. This act shall take effect and be in 
force from and after its passage and publication. 

Approved April 22, 1891. 



WAUKESHA AND RACINE COUNTIES. 



CHAPTER 454, LAWS OF 1891. 

AN ACT for the protection of fish in lakes and 
streams in Waukesha and Racine counties. 

The people of the state of Wisconsin, represented 
in senate and assembly, do enact as follows: 

Section 1. It shall be unlawful for any person Hook and line 

, , i , , ■, -I, . ^ c only to be used. 

or persons to take, catch, kill or in any way or 
manner destroy any kind of fish in any of the 
lakes, rivers, streams, waters, creeks or marshes 
in Waukesha and Racine counties in any other 
way or manner than with hook and line. 

Section 2. No person or persons shall take, closed season. 
catch, kill or destroy in any way or manner any 
kind of fish in any of the lakes, rivers, streams, 
waters, creeks or marshes, in Waukesha and 
Racine counties from the first day of March 



hibited. 



FISH AND GAME LAWS. 

to the succeeding fifteenth day of June in any 
year. 
set lines pro- Section 3. It shall be unlawful for any person 
or persons to place, set or use in any of the lakes, 
rivers, streams, waters, creeks or marshes in 
Waukesha and Racine counties any set or station- 
ary fish-hook or fish line, or by means of any set 
or stationary hook or line to take, catch, kill or in 
any manner destroy any kind of fish in any of 
such lakes, rivers, streams, waters, creeks or 
marshes, from the first day of March to the suc- 
ceeding first day of November in any year. 

Section 4. This act shall take effect and be 
in force from and after its passage and publica- 
tion. 

Approved April 24, 1891. 



WOLF AND FOX RIVERS, LAKES WIN- 
NEBAGO, POYGAN, WINNECONNE AND 
BUTTE DES MORTS. 



CHAPTER 398, LAWS OF 1891. 

AN ACT for the protection of fish in the waters 
of the Wolf river, the Fox river from the mouth 
of the Wolf to the dam at DePere, and Lakes 
Winnebago, Poygan, Winneconne and Butte 
des Morts. 

The people of the state of Wisconsin, represented 
in senate and assembly, do enact as follows: 

Nets, etc not Section 1. No person or persons shall be al- 
to be use . lowed to set, place or use any gill, fyke, pound, 
seine, dip or other net or snare in the Wolf river, 
the Fox river from the mouth of the Wolf to the 
dam at DePere, and Lakes Winnebago, Poygan, 
Winneconne and Butte des Morts, between the 
first day of February and the first day of August, 
of each and every year. 



FISH AND GAME LAWS. 37 

Section 2. Any person or persons violating Penalty. 
any of the provisions of this act, shall, upon con- 
viction thereof, be subject to a fine of not less 
than fifty dollars nor more than one hundred 
dollars, together with the costs of prosecution for 
each and every offense; and shall on conviction 
be committed to the county jail until such fine 
and costs are paid, or the offender or offenders 
are discharged by law. 

Section 3. Justices of the peace shall have full 
power to try and punish all violations of any of 
the provisions of this act. 

Section 4. This act shall not be construed to 
prevent the catching of shiners, chub, dace, suck- 
ers or stickleback for bait, by means of dip-nets. 

Section 5. No kinds of nets, except a gill net, giu nets may 
with meshes not smaller than three and three- wjSS^o!^ 6 
eighths inches, stretch measure, for catching fish, 
and a dip-net for catching bait, shall be set, used 
or placed in the waters of Lake Winnebago, and 
no net except a gill, a hoop and a dip-net shall be 
used, set or placed in the waters of the Wolf and 
Fox rivers, as described in section 1 of this act, 
or in Lakes Winneconne, Butte des Morts and 
Poygan. 

Section 6. No net of any kind shall be set, 
used or placed across the mouth of any channel, 
stream or river tributary to the waters described 
in section 1 of this act. 

Section 7. All other acts heretofore passed in 
reference to fishing in the waters above set forth, 
and the territory described, are hereby repealed. 

Section 8. This act shall take effect and be in 
force from and after its passage and publication. 

Approved April 23, 1891. 

N. B. — The foregoing are all the laws now in force in Wis- 
consin regarding fish, save the laws regarding "Fish- ways" 
in local streams and districts. 



GAME LAW5 



GAME. 

WHEN MAY BE OAUGHT, TAKEN OR 
KILLED. 

(Except as otherwise provided in local laws referred to on 
pages 48—54.) 



Buck Nov. 1 to Dec. 1. 

Brant Sept. 1 to May 1. 

Deer Nov. 1 to Dec. 1. 

Duck — See wild duck. 

Doe Nov. 1 to Dec. 1. 

Fawn Nov. 1 to Dec. 1. 

Fisher Nov. 1 to May 1. 

Grouse* Sept. 1 to Dec. 1. 

Goose Sept. 1 to May 1. 

Marten Nov. 1 to May 1. 

Mallard duck Sept. 1 to Dec. 1. 

Otter Nov. 1 to May 1. 

Partridge* Sept. 1 to Dec. 1. 

Pheasant * Sept. 1 to Dec. 1. 

Prairie hen, or chicken * Sept. 1 to Dec. 1. 

Plover Sept. 1 to Dec. 1. 

Quail Sept. 1 to Dec. 1. 

Snipe Sept. 1 to Dec. 1. 

Squirrel| Aug. 1 to Dec. 15. 

Teal duck - Sept. 1 to Dec. 1. 

Wood duck Sept. 1 to Dec. 1. 

Woodcock Sept. 1 to Dec. 1. 

Wild duck (other than mallard, teal and 
wood duck) Sept. 1 to May 1. 

* Not to be hunted with a dog or dogs until Sept. 1st, 1893. 



GAME LAWS. 



CHAPTER 351, LAWS OF 1891. 

CONTENTS. 

Closed season for game of various kinds. Hunting cer- 
tain game with dogs prohibited until September 1st, 

1893 Sec. 1 

Closed season for deer, buck, doe and fawn. Hunting 
same with dogs prohibited. Possession of game after 
expiration of eight days succeeding time limited for 

killing unlawful Sec. 2 

Use of nets, traps, spring guns, etc., prohibited. Duty 
of game warden and other officers to prosecute viola- 
tions hereof Sec. 3 

Disturbance or destruction of eggs and nests Sec. 4 

Penalties Sec. 5 

Repeal of section 7, chapter 443, laws of 1889 Sec. 6 



AN ACT to secure the better preservation of 
game. 

The people of the state of Wisconsin, represented 
in senate and assembly, do enact as follows: 

Section 1. It shall be unlawful to take, catch, Game w«k. 
kill, or have in possession when killed or taken, bekuied. ay n ° 
any woodcock, quail, partridge, pheasant or ruf- 
fled grouse, prairie hen or prairie chicken, sharp- 
tailed grouse or grouse of any other variety, mal- 
lard, teal or wood duck, snipe and plover, between 
the first day of December and the succeeding first 
day of September, and wild duck of any variety, 
or wild goose or brant of any variety, or any 
aquatic fowl whatever, between the first day of 
May and the succeeding first day of September. 
It shall be unlawful to hunt with a dog or dogs, Dogs, not to be 
any quail, partridge, pheasant or ruffled grouse, ^|f m hunt " 
prairie hen or prairie chicken, sharp-tailed grouse 
or grouse of any other variety, for a period of two 



42 



FISH AND GAME LAWS. 



Deer, when 
may not be 
killed. 



used in hunt 
ing 



Nets, snares 
spring guns 
prohibited. 



years from and after the first day of September, 
1891. 

Section 2. It shall be unlawful to kill or take 
by any kind of a contrivance or device whatever, 
or pursue with intent to kill, or take or worry, 
any deer, buck, doe or fawn between the first day 
of December and the succeeding first day of No- 
vember, or to hunt deer, buck, doe or fawn, with 
Dogs, not to be dog or dogs at any time; and it shall also be un- 
lawful for any person or persons to sell or expose 
for sale, or have in possession for the purpose of 
exposing for sale, any of the kinds of game, birds, 
animals or venison protected by this act, after the 
expiration of eight days next succeeding the time 
limited and prescribed for the killing of any such 
birds or animals. 

Section 3. It shall be unlawful at any time to 
take, catch or kill or attempt to take, catch or 
kill any of the animals or birds mentioned in the 
first two sections of this act, by means of any 
snare, net, trap or spring gun, or any similar con- 
trivance; and it shall be unlawful for any person 
or persons to place, spread or set anywhere, or 
permit to be placed, spread or set, any net, trap- 
or snare for the purpose of catching, taking or 
killing any of the animals or birds mentioned in 
the first two sections of this act; and any game 
warden, deputy game warden, sheriff, coroner or 
constable, having any reason to believe that any 
violation against the provisions of any of the sec- 
tions of this act has been or is about to be com- 
mitted, may enter upon any land in search of evi- 
dence thereof, and shall seize, confiscate and re- 
move any net, trap or snare which shall be found 
so placed, spread or set as to indicate the purpose 
of taking, catching or killing any of the animals 
or birds mentioned aforesaid, and take the same 
before any justice of the peace, police court or 
magistrate of the county; and if it shall be estab- 
lished on the trial, to the satisfaction of such 
magistrate, that such net, trap, or snare, was so 
placed, spread or set with design to make use of 
the same for catching, taking or killing any of 
the animals or birds mentioned aforesaid, con- 
trary to the provisions of this act, such magistrate 
shall enter as part of his judgment, a finding to 
that effect, and shall order and cause such net, 
trap or snare or devise to be destroyed by the 



Duty of game 
wardens. 



FISH AND GAME LAWS. 43 

game warden or his deputy, or by the sheriff or 
any other official. And it shall also be unlawful 
at any time to use in pursuit of any such ani- 
mal or bird, any pivot or swivel gun, or any other 
fire-arm not habitually held at arm's length, and 
discharged from the shoulder. 

Section 4. It shall be unlawful to take, destroy Eggspro- 
or have in possession the eggs of any of the birds tectcd - 
mentioned in this act, or of any wild pigeon, king, 
bird, robin, thrush, blue bird, swallow, cat-bird, 
woodpecker, flicker, pigeon, dove, wren, finch, 
lark, plover, oriole, humming bird, bunting, 
grackle, grosbeak, warbler, fly- catcher, swift, 
wax wing, creeper, chickadee, goat-sucker, 
tanager or whip poor- will, or to wantonly disturb 
or molest the nesting place of any such bird or 
pigeon, or to kill, wound or take any wild pigeon 
within three miles of a pigeon roost. Any person 
violating the provisions of this section shall on 
conviction thereof be fined not less than one dol- 
lar nor more than five dollars. 

Section 5. It shall be unlawful to use in the sneak boats, 
pursuit of any duck, goose, or brant, or any other Mbited! " 
aquatic bird, any sneak boat or scull boat, or any 
boat impelled by scull oars, sailboat, steamboat, or 
floating raft or box, or any similar device; and 
it shall also be unlawful to construct or use any 
blind in the open water outside the natural 
growth of grasses or rushes then and there pro- 
jecting above the water. 

Section 6. Any person who shall violate any Penalty. 
provisions of sections 1, 3 or 5 of this act, shall be 
guilty of a misdemeanor, and on conviction there- 
of, shall be punished by a fine not less than fifty 
dollars and not exceeding seventy five dollars, or 
by imprisonment in the county jail for not less 
than sixty days and not exceeding three months, 
or by both such fine and imprisonment and the 
costs of the prosecution. And any person who 
shall violate any provision of section 2, of this 
act shall be guilty of a misdemeanor, and on con- 
viction thereof shall be punished by a fine not 
less than fifty dollars and not exceeding one hun- 
dred dollars, or by imprisonment in the county 
jail for not less than thirty days, and not exceed- 
ing three months, or by both such fine and im- 
prisonment and costs of prosecution; and two- 
thirds of such fines as herein provided for, shall 



44 FISH AND GAME LAWS. 

go to the person informing of the offense, and 
one-third shall be covered into the school fund of 
this state. 

Section 7. Section 7 of chapter 443, of the 
laws of 1SS9, is hereby repealed, and all laws or 
parts of laws conflicting with this act are hereby 
repealed. 

Section 8. This act shall take effect and be in 
force from and after its passage and publication. 

Approved April 22, 1891. 



CHAPTER 374, LAWS OF 1887. 

(As amended by chapter 443, laws of 1889, and chapter 203, 
and 460, laws of 1891, and partially repealed by chapter 351, 
laws of 1891.) 

AN ACT to secure the better preservation of 
game. 

The people of the state of Wisconsin, represented 
in senate and assembly, do enact as follows: 

Section 1. Repealed by chapter 351, laws of' 
1891. 

Section 2. Repealed by chapter 351, laws of 
1891, except as to squirrels, for which open sea- 
son is August 1st to December 15th. 

Section 3. Repealed by chapter 351, laws of 
1891. 

Section 4. Repealed by chapter 351, laws of 
1891. 

Section 5. Repealed by chapter 351, laws of 
1891. 

Section 6. Repealed by chapter 351, laws of 
1891. 

Section 6a. Repealed by chapter 203, laws of 
1891. 
be hunted* i*n Section 7. It shall be unlawful at any season 
the n^ght time, to hunt, shoot, catch or pursue any of the birds or 
animals mentioned in the first six sections of this 
act, in the night time, or to employ any device, 
means or contrivance whatever for catching, kill- 
ing or destroying any such bird or animal in the 
night time. 



FISH AND GAME LAWS. 45 

Section 8. It shall be unlawful to kill, take, Game not to 

., -, , ' . ' be shipped out 

wound, or pursue, purchase or have in possession of state. 
when so killed or taken, any of the birds or ani- 
mals mentioned in the first six sections of this 
act with intent to export, carry or convey the 
same, or any part or portion of such bird or ani- 
mal, beyond the bound aries of this state. In de- 
termining the question of intent of any party 
charged under this section, any competent proof 
that the accused has within one year exported or 
caused to be exported or conveyed beyond the 
limits of this state, any bird or animal covered by 
this section, or any part of such bird or animal, 
shall be received as prima facie evidence of the 
existence of such unlawful intent charged in the 
complaint or information. 

Section 9. (As amended by chapter 460, laws otter, marten, 
of 1891.) It shall be unlawful to take, catch, kill Saytftakem 
or destroy, or have in possession when so killed 
or taken, any otter, marten, or fisher, between the 
first day of May and the succeeding first day of 
November. 

Section 10. It shall be unlawful to pursue, Fur bearing 
trap, ensnare or kill, any otter, beaver, mink or animals - 
muskrat, or other fur bearing animal, upon the 
lands or to the middle of any stream of water 
adjoining lands of another person who is engaged 
in the business upon such lands of breeding or 
rearing any such animal. 

Section 11. (As amended by chapter 443, laws Penalty 
of 1889.) Any person who shall violate any pro- 
vision of section 1, section 2, section 4, section 5, 
section 6, section 6a, section 7, section 8, section 9, 
section 10 of this act, shall be guilty of a misde- 
meanor, and shall be punished by a fine of not less 
than five dollars and not exceeding twenty -five 
dollars, or by imprisonment in the county jail not 
more than sixty days, or by both such fine and 
imprisonment; and any person who shall violate 
any provision of section 3, of this act, shall be 
guilty of a misdemeanor and shall be punished by 
a fine of not less than twenty -five dollars and not 
more than one hundred dollars or by imprison- 
ment in the county jail not less than sixty days 
nor more than six months, or by both such fine 
and imprisonment. 

Section 12. Sections 4564, 4565 and 4566, and 
all acts and parts of acts contravening the provis- 



46 FISH AND GAME LAWS. 

ions of this act are hereby repealed, but this act 
shall not be held to repeal or suspend the opera- 
tion of penal laws of a local character, applicable 
to the same subject which are now in force, within 
local territorial limits. 

Section 13. This act shall take effect and be in 
force from and after its passage and publication. 

Approved April 8, 1887. 



CHAPTER 299, LAWS OF 1883. 

AN ACT relating to the killing of deer in the 
state of Wisconsin. 

The people of the state of Wisconsin, represented 
in senate and assembly, do enact as follows: 

closed time Section 1. It shall be unlawful for any person 
for deer killing. or persons to hunt, take or kill any buck, doe or 
fawn within the state of Wisconsin between the 
15th day of December and the succeeding 1st day 
of November; or at any time to hunt, take or kill 
any buck, doe or fawn within the state of Wis- 
consin, after nightfall, by the aid of any police 
lantern, torchlight or any other artificial light. 

See section 2, chapter 309, laws of 1885. A part of this act 
relative to the time of killing game, has been repealed by- 
chapter 374, laws of 18S7. 

Section 2. It shall be unlawful for any person 
or persons to take, send or ship, or cause to be 
taken, sent or shipped out of this state, any buck, 
doe or fawn killed within the state of Wisconsin. 

Section 3. Any person or persons violating 
any of the provisions of this act shall, upon con- 
viction thereof, be fined twenty-five dollars ($25) 
for each such offense, one-half of which, when re- 
covered, shall go to the complainant or informer. 

Section 4. All acts or parts of acts not consist- 
ent with this act are hereby repealed. 

Section 5. This act shall take effect and be in 
force from and after its passage and publication. 

Approved April 2, 1883. 



FISH AND GAME LAWS. 47 



CHAPTER 309, LAWS OF 1885. 

AN ACT to protect game and prevent the ship- 
ment thereof out of the state. 

The people of the state of Wisconsin, represented 
in senate and assembly, do enact as follows: 

Section 1. No person shall at any time take, conditions as 
catch, kill or destroy any deer for any purpose andlmin^ 
except for consumption therefor (thereof) as food deer - 
within this state. 

Section 2. No person, company or corporation unlawful to i 
shall take, catch, kill or destroy any deer, or have ^er^cejjt as 
in possession any part of the carcass of the same, herein provid- 
for consumption as food, within this state, except 
during the months of October and November of 
each year. 

A part of this act relative to the time of killing game has 
been repealed by chapter 374, laws of 1887. 

Section 3. No person, company or corporation prevents ship- 
shall expose for sale or have in possession, except ^omatef 
alive, at any time, any deer, or any part of the 
carcass of the same, with the intention of send- 
ing or transporting, or having the same sent or 
transported beyond the limits of this state. 

Section 4. Every violation of any provision of penalty. 
this act shall be a misdemeanor, and shall be pun- 
ished by a fine of fifty dollars; and any person 
so offending shall, on conviction and in default of 
payment of such fine, be committed to the county 
jail until such time, not exceeding thirty days, as 
such fine shall be paid. 

Section 5. This act shall take effect from and 
after its passage and publication. 

Approved April 4, 1885. 



LOCAL GAME LAWS. 



BURNETT COUNTY. 



CHAPTER 131, LAWS OF 1877. 

AN ACT to provide for the protection of game 
in the county of Burnett. 

The people of the state of Wisconsin, represented 
in senate and assembly, do enact as follows: 

when unlawful Section 1. No person shall catch, kill or other - 

to kill game. ■, , ■. c . , . .' 

wise destroy or have in his possession, or expose 
for sale, any deer or fawn, grouse, prairie hen or 
prairie chicken, woodcock or partridge in the 
county of Burnett, except between the 15th day 
of October and the succeeding 1st day of Novem- 
ber in each year, under a penalty of twenty dol- 
lars for each deer or fawn, and ten dollars for 
each grouse, prairie hen or prairie chicken, (or) 
woodcock, caught, killed or otherwise destroyed, 
or held in possession or exposed for sale. 
how and by Section 2. All penalties imposed by the pro- 

whom penalties .. . .. . , r , * , J ... r , 

for violation visions of this act may be recovered with costs 
tamed? ob " of action by any person or persons, in his or their 
own names, or in the name of the state of Wis- 
consin, before any justice of the peace in any 
town, or police justice of any city, in the county 
where the said offense was committed, or where 
the defendant may reside or be found; and any 
such justice of the peace or police justice is 
authorized, upon receiving sufficient security for 
the costs on the part of the complainant, or other- 
wise in his discretion, and satisfactory proof by 
affidavit of the violation of any of the provisions 
of this act, by any person whomsoever, to issue 
his warrant in the form of a criminal warrant, 
and to have such offender brought immediately 



FISH AND GAME LAWS. 49 

before him to answer the charge against him, or 
committed or held to bail to such charge, and any 
such justice of the peace or police justice within 
said county named in the first section of this act, 
may, upon proof of probable cause to believe that 
any person within said county conceals any deer, 
game birds or bird, mentioned in this act, during 
any of the prohibited periods, any such deer, 
game birds, or birds caught, killed or otherwise 
destroyed, held or possessed, in violation of any 
of the provisions of this act, issue his search war- 
rant and cause search to be made in any house, 
boat, car, or other building, and for that end may 
cause any apartment, chest, box or locker to be 
broken open and the contents examined. 

Section 3. The affidavit made by the com- Forms of com- 
plainant shall be deemed the complaint in all ac- plamt * 
tions instituted under the provisions of this act, 
and it shall not be necessary to state therein the 
number of such game birds, concerning which the 
defendant is charged. 

Section 4 Any penalties, when collected, how penalties 
shall be paid into the court, and shall thereupon t0 - bepaid " 
be paid by such court, before such conviction 
shall be had, to the credit of the school fund of 
said county, and on the non-payment of the 
penalty and costs of the prosecution or any part 
thereof, at the time of conviction, the defendant 
shall forthwith be committed to the common 
jail of such county for the period of not less than 
ten days, when the judgment therefor, aside from 
the costs, exceeds not the sum of fifty dollars, and 
at the rate of one day for each ten dollars,:in which 
said judgment, aside from costs, exceeds in amount 
the sum of fifty dollars. 

Section 5. This act shall take effect and be in 
force from and after its passage and publication. 

Approved March 3, 1877. 



50 



FISH AND GAME LAWS. 



DOOE COUNTY. 



Killing and 
selling pro- 
hibited. 



Shipment to 
places outside 
county pro- 
hibited. 



No killing for 
the skin. 



Exception. 



Penalty for 
violation. 



CHAPTER 40, LAWS OF 1879. 






AN ACT to prohibit the killing of deer in Door 
county, for shipment outside of Door county. 

The people of the state of Wisconsin, represented 
in senate and assembly, do enact as follows: 

Section 1. No person shall kill any buck, doe, 
or fawn, in Door county, to sell or to be sold, or to 
send or deliver, in pursuance of any sale or agree- 
ment to sell, in whole or in part, for use as food 
outside of Door county. 

Section 2, No person shall take, send, or ship, 
nor cause nor procure to be taken, sent, or 
shipped from Door county to any place outside of 
Door county, to sell or to be sold, or in pursuance 
of any agreement to sell,.or of any sale, any buck, 
doe or fawn in Door county, nor the carcass, nor 
any part of the carcass, of any such buck, doe or 
fawn. 

Section 3. No person shall kill any buck, doe 
or fawn in Door county, merely for the skin of 
such deer; and any person killing any such buck, 
doe or fawn, in said county, who shall throw 
away or abandon the carcass thereof, or any part 
of such carcass, shall be held guilty of the offense 
named in this section. 

Section 4. (As amended by chapter 198, laws 
of 1880.) No person shall take, send or ship, nor 
cause, nor procure to be taken, sent or shipped 
from Door county to any place outside of Door 
county, any buck, doe or fawn, or the carcass, or 
any part of the carcass, of any buck, doe or fawn, 
killed in Door county. No person or persons shall 
be allowed to hunt, worry or kill any buck, doe 
or fawn after nightfall, by the aid of any police 
lantern, torch light, or any other artificial light. 

Section 5. Any person violating any of the 
provisions of this act shall, on conviction thereof, 
be fined in the sum of twenty-five dollars for each 
such offense, and shall pay the costs of prosecu- 



FISH AND GAME LAWS. 51 

tion; and in default of the payment of such fine 
and costs, or any part thereof , shall be committed 
to the common jaii of said county until the same 
be fully paid, or until he be discharged by due 
course of law. 

Section 6. Any person may be charged, in the More than one 
-same count of the complaint, with any or all of pMnt. incom " 
the offenses named in this act, and with respect 
to any number of deer; and, in different counts, 
may be charged with the same or any of the same 
offenses, with respect to any other deer; and for 
each and every buck, doe, or fawn with respect to 
which, or the carcass thereof, or any part of such 
carcass, any person shall violate any provision of 
this act, such person shall be guilty of a separate 
and distinct offense, within the meaning of this 
act; and the aggregate of the fine imposed on 
any such person, shall be equal to twenty-five 
dollars for each such offense. 

• Section 7. Any two or more persons acting Liability of per - 
together in the commission of any offense against together. tIns 
this act, or with intent to commit any act in vio- 
lation thereof, shall be each, and any, and all, 
liable for the acts of each such person, and may 
be charged and tried severally together. 

Section 8. Any complainant in any prosecution 
under this act, shall be entitled to one-half the 
fine recovered in such prosecution. 

Section 9. This act shall take effect and be in 
force from and after its passage and publication. 

Approved February 20, 1879. 



52 



FISH AND GAME LAWS. 



GREEN LAKE COUNTY. 



CHAPTER 80, LAWS OF 1875. 



Unlawful to 
use blind or 
bough bouse. 



Penalty for 
violation. 



AN ACT for the preservation of duck and other 
wild fowl in the county of Green Lake. 

The people of the state of Wisconsin, represented 
in senate and assembly, do enact as follows: 

Section 1. It shall not be lawful for any per- 
son to place, construct or erect or use for the pur- 
pose of hunting or shooting duck, or other wild 
fowl, any stationary cover, blind or bough-house 
in or upon any of the lakes, rivers or other waters 
of Green Lake county, in this state; nor shall it 
be lawful for any person to use for the purpose 
of hunting or shooting duck or other wild fowl, 
any movable cover, blind or bough-house over 
eighteen inches in height, in or upon any of the 
said lakes, rivers or other waters of said county of 
Green Lake. And any person violating either of 
the provisions of this act, shall be punished by a 
fine of not less than ten dollars nor more than 
fifty dollars for each and every offense; and the 
justices of the peace of said county shall sever- 
ally have jurisdiction over all offenses under this 
act. 

Section 2. This act shall take effect and be in 
force from and after its passage. 

Approved February 26, 1875. 



FISH AND GAME LAWS. 53 



MILWAUKEE COUNTY. 



CHAPTER 309, LAWS OF 1876., 

AN ACT relating to the destruction of game. 

TJie people of the state of Wisconsin, represente d 
in senate and assembly, do enact as follows: 

Section 1. It shall be unlawful for any per- umawfuito 
son to enter upon the occupied lands of any per- KswifhJut* 
son in the county of Milwaukee, for the purpose ^^ lt of 
of shooting any game or birds, without the con- 
sent of the owner of such occupied lands. 
Every person offending against the provisions of 
this section shall upon conviction thereof forfeit 
the sum of ten dollars ($10) and cost of prosecu- 
tion. 

Section 2. It shall be unlawful for any person unlawful to 
to hunt for or kill rabbits in the county of Mil- SflrreS 
waukee, by means or by use of the animal com- 
monly known as the ferret. Every person 
offending against the provisions of this section, 
shall, upon conviction thereof, forfeit not less 
than ten nor more than fifty dollars ($50) for each 
and every offense, and cost of prosecution. 

Section 3. Justices of the peace shall have ju- Jurisdiction of 
risdiction to try and determine all cases under justices of the 
this act; provided, that the defendant shall not be peace " 
deprived of the right of appeal or of trial by jury. 

Section 4. This act shall take effect from and 
after its passage and publication. 

Approved March 10, 1376. 



54 FISH AND GAME LAWS. 



WALWORTH, ROCK, JEFFERSON, WAUKE- 
SHA, MILWAUKEE AND RACINE 
COUNTIES. 



CHAPTER 214, LAWS OF 1891. 

AN ACT for the protection of quail. 

TJie people of the state of Wisconsin, represented 
in senate and assembly, do enact as follows: 

Quail, not to be Section 1. Any person who shall take, kill, 

killed before . . ■, , *. 1 ii_ 1 1 • 

Sep. i, 1894. catch, destroy, or wantonly molest or have in his 
possession when killed or taken, or who shall 
offer for sale in the counties of Walworth, Rock, 
Jefferson, Waukesha, Milwaukee or Racine, any 
quail or bob- white, from and after the passage of 
this act to the first day of September, 1894, or who 
shall disturb the nest or destroy the eggs of such 

Penalty. birds, shall be punished by a fine of not less than 

twenty nor more than one hundred dollars and 
costs for each offense, or by imprisonment in the 
county jail of the county where the offense was 
committed, for a period of not less than ten nor 
more than sixty days. 

Section 2 This act shall take effect and be in 
force from and after its passage and publication 
Approved April 11, 1891. 



MISCELLANEOUS. 



SEARCH WARRANTS. 



CHAPTER 414, LAWS OF 1889. 

AN ACT to amend chapter 456, of the laws of 
1887, relating to game and fish. 

. The people of the state of Wisconsin, represented 
in senate and assembly, do enact as follows: 

Section 1. Repealed by chapter 436, laws of 
1891. 

Section 2. Repealed by chapter 436, laws of 
1891. 

Section 3. Repealed by chapter 436, laws of 
1891. 

Section 4. Any justice of the peace or other justice to issue 
magistrate upon receiving proof of the probable forc^c^ied 11 * 
cause for believing in the concealment of any flsh or s ame - 
game, fish or bird during any of the periods pro- 
hibited by any of the laws oc this state, shall issue 
his search warrant and cause search to be 
made in any house, market, boat, car or other 
building, and for that end may cause any appart- 
ment, chest, box, locker, crate, barrel or other 
device to be broken open and the contents ex- 
amined. 

Section 5. This act shall take effect and be in 
force from and after its passage and publication. 

Approved April 16, 1889. 



56 



FISH AND GAME LAWS. 



INSECT DEVOURING BIRDS. 



Penalty for 
kiling insect 
devouring 
birds. 



Section 4567. (R. S. 1878 as amended by chap- 
ter 56, laws of 1891.) Any person who shall wan- 
tonly maim, kill or destroy, by any means what- 
ever, any brown thrush, blue bird, martin, swallow, 
wren, cat-bird, robin, peewee, meadow lark, or 
other insect devouring bird, of any kind or name 
whatever, or destroy the nests or eggs of any 
such bird, shall be punished by fine not exceeding 
fifteen dollars nor less than one dollar. 



CHAPTER 413, LAWS OF 1887. 



Killing of birds 
for millinery 

Eurposes pro- 
ibiled. 



AN ACT to prevent the killing of birds for mil- 
linery purposes. 

The people of the state of Wisconsin, represented 
in senate and assembly, do enact as follows: 

Section 1. That any person who shall shoot, 
kill or catch by means or use of any net, snare, 
trap, gin or spring guu, any robin, sparrow, thrush, 
bluebird, swallow, cat-bird, kingbird, woodpecker, 
flicker, pigeon, dove, blackbird, wren, finch, lark, 
pewee, oriole, humming bird, bunting, grackle, 
grosbeak, warbler, fly-catcher, swift, wax-wing, 
creeper, chickadee, goatsucker, tanager or whip- 
poor-will, for millinery purposes, shall be deemed 
to be guilty of a misdemeanor, and upon convic- 
tion thereof in any court of competent jurisdic- 
tion, within this state, shall be punished by the 
payment of a fine not exceeding the sum of one 
hundred dollars nor less than five dollars for each 
offense, to be collected as provided by the laws of 
this state for the collection of fines. One-half of 
such fine when collected shall be paid to the 



FISH AND GAME LAWS. 57 

county treasurer, and by him paid into the school 
fund; the remaining half shall be paid to the in- 
former. 

Section 2. This act shall take effect and be in 
force from and after its passage and publication. 

Approved April 11, 1887. 



DOGS. 



CHAPTER 523, LAWS OF 1887. 

AN ACT to make dogs, beasts and birds subjects 
of larceny and prescribing penalties for the 
larceny thereof. 

The people of the state of Wisconsin, represented 
in senate and assembly, do enact as follows: 

Section 1. Any person who shall wrongfully what domestic 

^^ riiiltlsJs sub" 

take, entice or carry away, without the consent jects of 
of the owner, any bird, ordinarily kept in a state larcen y- 
of confinement, or any dog or beast of any value, 
and not the subject of larceny at common law, 
with the intent to deprive the owner of the own- 
ership thereof, shall be deemed guilty of larceny 
and shall, upon conviction thereof, be punished by 
imprisonment in the county jail not more than 
six months nor less than ten days, or by fine not 
exceeding one hundred dollars nor less than five 
dollars. 

Section 2. This act shall take effect and be in 
force from and after its passage and publication. 

April 15, 1887. 



INDEX. 



Page. 

Appointment of state fish and game warden 3 

of deputies 8 

Aquatic fowls, open season 40 



Bait, quantity and how taken 14 

Bass, when may be caught 12 

less than a pound in weight not to be sold 18 

Bass Channel-, local fish laws for 26 

Birds not to be killed for millinery purposes 56 

subject of larceny 57 

Blinds 43 

Brant, when may be caught, taken or killed 40 

Brown county, local fish laws for 26 

Brule river, spawning season for 27 

Burnett county, local game laws for 48 

Butte des Morts, local fish laws for 36 

Buck, when may be caught, taken or killed 40 



Chequamagon Bay , 20-24 

Concealed fish or game, justice may issue search warrant for 55 

Commissioners of fisheries may take fish at any time 15 

Coroners ex-offlcio deputy wardens 5 



Dams may be constructed by owners of private fish ponds , 16 

Deer, when may be caught, taken or killed 40 

District attorney, to prosecute offenders 7 

to co-operate with wardens to enforce law 8 

Deputies, fish and game wardens, how appointed 3 

sheriffs and police officers are 5 

fees of 4 

Doe, when may be caught, taken or killed 40 

Dogs, not to be used in hunting game birds 41 

subjects of larceny 57 

not to be used in hunting deer 42 

Douglas county, local fish laws for 28 

Door county, local game laws for 50 

Duck, when may be caught, taken or killed 40 

Duties of state fish and game warden 3 

Douglas mill pond, Jackson county, local fish laws for 28 

Dynamite not to be used 15 



60 INDEX. 

Page. 

Eggs, of game birds protected 43 

and milt of trout to be replaced in water 24 

of white Ash to be replaced in water 25 

Exportation of game, etc., illegal ;. 15 



Fawn, when may be caught, taken or killed 40 

Ferrets, confiscation of 4 

Fox river, nets not to be used in 36 

local fish laws for 36 

Forms of complaints, warrants, etc 6 

Fire hunting illegal 44 

Fish, local laws relating to 26 

when may be caught . . 12 

offal not to be deposited in waters mentioned 21 

offal defined 21 

Fish commissioners, may take fish for artificial propagation 15 

Fisher, when may be caught, taken or killed 40 

Fur bearing animals protected , 3S 



Game, when may be caught, taken or killed 40 

Goose, when may be caught, taken or killed 40 

Governor, to appoint state fish and game warden 3 

Green Lake county, nets not to be used in 29 

closed season for 29 

local game laws for 52 

Grouse, when may be caught, taken or killed 40 



Inland lakes defined 14 

Insect devouring birds protected 56 



" Jack light " not to be used 46 

Jackson county, local fish laws for Trout Run 33 

Douglas mill pond 28 

Jurisdiction, extent of wardens 9 

Justice of the peace, may issue search warrant for concealed fish or game 55 



Local laws, relating to fish — 26 

relating to game 48 



Mallard duck, when may be caught, taken or killed 40 

Marten, when may be caught, taken or killed 40 

Mesh of nets, size of, in Lake Superior 23 

Milt and eggs of trout to be replaced in water 24 

of white fish to be replaced in water 25 

Michigan Lake 3, 20, 24 

Millinery purposes, killing of birds for, illegal 56 

Milwaukee county, local game laws for . 53, 54 



INDEX: 6L 

Page. 

Mississippi river 9 

Muskallonge, when may be caught 12 

Muskrat, breeding of, protected 45 



Nets, not to be used in inland waters 13 

to be confiscated by warden 14 



Offal, of fish defined 21 

Office of state warden to be at Madison 10 

Otter, when may be caught, taken or killed 40 

breeding of, protected 45 

Osceola creek, Polk county, trout in 31 



Partridge, when may be caught, taken or killed 40 



Powers and duties of warden and deputies 4 

Pickerel, closed season for "Washington county 24 

Pike, when may be caught 12 

less than one pound weight not to be sold 18 

Pheasant, when may be caught, taken or killed 40 

Plover, when may be caught, taken or killed 40 

Polk county, local fish laws for 31 

Poygan lake, local fish laws for 86 

Prairie hen or chicken, when may be caught, taken or killed 40 

Proceeding to declare property contraband 5 

Private fish ponds, signs to be posted at 16 

owner of , may construct dams in streams 16 

person entering upon, tresspasser 17 



Quail, when may be caught, taken or killed 40 

killing of in certain counties prohibited , 54 



Racine county, local fish laws for 35 

local game laws for 50 

hook and line only to be used in 35 

closed season in 35 

Refuse not to be deposited in trout brooks 19 

Report, warden's, to be filed with the secretary of state , 8 

Rock river, local game laws for 54 

Rock lake, Jefferson county, closed season for 32 



Salary of state fish and game warden 9 

Sawdust not to be deposited in trout brooks 19 

Seines, used in violation of law contraband 5 

Secretary of state, warden to file report with 8 

Set lines, use of in Waukesha and Racine counties prohibited < , . 36 



62 



INDEX. 



Saipe, when may be caught, taken or killed 

Sneak boats, use of, prohibited 

Snares, used in violation of law contraband 

Spawning season defined 

Spring guns, use of. prohibited 

Sparrows may be killed 

Spears, may be used, where 



Page. 
40 
43 
5 
15 
42 
56 
15 



Squirrels, when may be caught, taken or killed. 

Signs to be posted on private fish ponds 

Stationery for warden 

Sturgeon 



Sturgeon Bay, defined 

nets not to be used in 

subject to provisions of law. 
Swivel guns. (See snares.) 



40 
10 
9 
15 
23 
^2 



Teal duck, when may be caught, taken or killed. .. 
Trout, when may be caught 

eggs and milt of, to be replaced in water. . . 

to be caught by angling only 

Trout Run, Jackson county, fishing in prohibited. 

Traps, used in violation of law contraband 

Trespass, entry upon private fish ponds a 



Warden, duties of state fish and game... 

Wa ukeba county, hook and line only to be used in waters of 

closed season in 

local fish laws for 

Washington county, hook and line only to.be used in waters of 

closed season in 

Walworth county, local game laws for 

Winnebago lake, nets not to be used in 

gill nets may be used in 

local fish laws for 

White fish, less than a pound and a half in weight not to be caught. 

when may be caught 

milt and eggs of, to be replaced in water 

Wild duck, when may be caught, taken or killed 

Winneconne lake, local fish laws for 

Woodcock, when may be caught, taken or killed 

Wood duck, when may be caught taken or killed 

Wolf river, nets not to be used in 

local fish laws for 



4 
35 
35 
35 
34 
34 
54 
36 
37 
36 
20 
12 
25 
40 
36 
40 
40 
36 
36- 



i^f 



STATE OP WISCONSIN. 



FISH AND GAME LAWS. 



1895. 



COMPILED AND PUBLISHED UNDER 
DIRECTION OF 

THE STATE FISH COMMISSION, 







LIBRARY i)E CONGRESS 



DIVISION OFDOCLiir 



MADISON, WISCONSIN: 

DEMOCRAT PRINTING COMPANY, STATE PRINTER 

1395. 



STATE OP WISCONSIN. 



FISH AND GAME LAWS 



1895. 



COMPILED AND PUBLISHED UNDER 
DIRECTION OF 

THE STATE FISH COMMISSION, 




MADISON, WISCONSIN: 

OKMOCRAT PRINTING COMPANY, STATE PRINTER. 

1895. 



FISH AND GAME LAWS OF WISCONSIN, 



CHAPTER 221. 

An act to revise, amend and consolidate the laws of the 
state relating to game and its preservation, fish and the 
preservation and propagation thereof. 

The people of the state of Wisconsin, represented in senate and 
assembly, do enact as follows: 

THE COMMISSIONERS OP FISHERIES. 

Of whom composed — Section 1. There is constituted a 
board of eight commissioners of fisheries, composed as fol- 
lows, and to be styled "The commissioners of fisheries:" 

1. The governor while in office. 

2. Six commissioners to be appointed by him and with 
the consent of the senate. 

3. The professor of zoology in the Universitj 7 of Wiscon- 
sin, for the time being, shall be ex- officio a member of said 
commission. 

Term of office — Section 2. The terms of appointment 
of the six members shall be six years and until their suc- 
cessors are appointed. The appointments shall be made 
by the governor and reported to the senate as soon as 
practicable, and in case the senate is not in session the 
commissioners appointed shall act from and after the date 
of appointment. And in the order in which vacancies 
upon the board of commissioners shall occur, the governor 
shall appoint one commissioner for one year; one for two 



4 Fish and Game Laws of Wisconsin. 

years ; one for three years ; one for four years ; one for five 
years; one for six years, and after such vacancies have 
been filled by such appointments in such order the ap- 
pointment of succeeding members of the commission shall 
be for the term of six years each. The terms of the 
present commissioners shall continue the same as if this 
act had not been passed. The governor shall fill all 
vacancies by appointment, the person so appointed to hold 
for the residue of the term only. 

How organized — Section 3. The organization of the 
board shall be as follows: One of the number shall be 
chosen as president, and one as treasurer. The p resident, 
treasurer and secretary, as hereinafter provided for, shall 
constitute an executive committee of said board, which 
committee shall have power to act in all matters pertain- 
ing to fish and game in the absence of the board, under 
such restrictions, rules and regulations as may be prescribed 
by the by-laws adopted by such board. The secretary shall 
act as secretary of the board and keep its records. They 
may choose from their number such other officers as their 
by-laws provide for. They may make such by-laws as they 
may deem proper, not inconsistent with law, and meet at 
such times and places as they by their bylaws may pre- 
scribe, and appoint such committees and delegate to them 
such duties under the power and direction _>f the commis- 
sioners as they deem expedient. The commissioners shall 
receive no compensation, but each shall be reimbursed his 
expenses, certified by him with a statement of items to be 
actually and necessarily incurred in the performance of his 
official duty, out of such appropriation as may be made by 
the legislature, and no officer shall receive any compensa- 
tion except such as is herein provided for. 

Powers and duties — Section 4. The commissioners of 
fisheries shall have general charge of the following public 
matters, and necessary powers therefor: 

Propagation — 1. The propagation and breeding of fish, of 
such species and varieties as they deem of value to the peo- 
ple of the state. 



Fish and Game Laws of Wisconsin. 5 

Information — 2. The collecting and diffusion of such in- 
formation as they deem useful in regard to the propaga- 
tion and preservation of fish. 

Control of hatcheries — 3. The government and control, 
supply and repair of the state hatcheries, the grounds 
used therefor whether owned or leased, the buildings, 
ponds, apparatus and all other property belonging to or 
held by the state for the propagation of fish. 

Establishment of hatcheries — 4. The purchase and estab- 
lishment of new hatcheries in like manner, when appro- 
priations shall be made by law to maintain the same. 

Receiving fry — 5. The receiving from the commissioner 
of the United States or other persons, of all spawn or fry 
donated to the state or purchased, and in the most prac- 
tical ways by exchange or otherwise, to procure, receive, 
distribute and dispose of spawn and fish, and to take such 
other measures as shall in their judgment best promote 
the abundant supply of food fishes in the waters of the 
state. 

Taking fish for propagation and stocking — 6. The taking of 
fish at all seasons from the public waters of the state for 
artificial propagation and stocking other waters of the 
state ; provided, however, that no such fish shall be taken, 
except in the presence of and under the direction of the 
superintendent or his authorized agent, or by such super- 
intendent or authorized agent himself, and in such instance 
such superintendent or agent shall be provided with a 
tank or tanks of suitable size to keep such fish alive. 

Report — 7. They shall report in January of each year 
to the legislature their transactions for the two preceding 
fiscal years ending the preceding thirtieth day of Septem- 
ber. 

Preservation of fish and game — 8. The preservation of 
game and fish and the enforcement of the laws therefor, 
and other measures taken to secure such preservation and 
protection. 

Disbursement of funds — 9. The disbursement of any funds 
provided by law or collected pursuant to the provisions of 



6 Fisli and Game Laivs of Wisconsin. 

this act and applicable to the payment of the expenses of 
the employment and services of wardens or deputies ap- 
pointed by the commissioners. 

Miscellaneous powers — 10. Such other matters as now are 
or may be committed to them by law with all powers nec- 
essarily incident to their due execution; and may have a 
seal which shall be used in authenticating documents, ap- 
pointments, and certificates issued by them. 

To erect warning signs near Jishirays — 11. To cause to be 
set up on both sides of any stream, where a fish way is re- 
quired by law to be maintained in any dam, a signboard 
containing the words, "All persons prohibited from fish- 
ing or taking fish within one hundred feet of the fishway, " 
but the absence of such signboard shall not make such fish- 
ing or taking fish lawful. 

Appointment of superintendent— Compensation — Duties. 
Section 5. The commissioners of fisheries shall appoint 
and may remove at pleasure a superintendent of fisheries 
at a salary not exceeding two thousand dollars per annum, 
and one assistant to be appointed at such salary as the 
board may fix . The commissioners may permit the super- 
intendent or assistant or any employe to occupy such of the 
tenement houses at the hatcheries, and such grounds there- 
with as they deem reasonable. The duties of such super- 
intendent shall be, under the direction of the commis- 
sioners : 

Hatching of spawn — 1. To superintend the receiving and 
hatching of spawn, its proper care and distribution, and 
the care of the property. 

Fish car — 2. To direct the running and use of the fish 
car, and its care, repair and preservation. 

Care of property — 3. To care for the property of the sev- 
eral hatcheries, keep a proper inventory thereof, together 
with the cost of each article. 

Keep accounts — 4. To keep a careful account in detail and 
separately of the expenses of each of the hatcheries, the 
distribution of fish, and the collection of wild fish and their 
distribution, of maintaining and repairs upon the car, and 



Fish and Game Laws of Wisconsin. 7 

of such improvements or repairs as may from time to time 
be ordered. For such expenses, when audited and allowed 
pursuant to the by-laws of the commission, he shall be re- 
imbursed by the treasurer of the commissioners. 

Other duties — 5. To perform such other duties as may be 
prescribed by the commissioners. 

State fish and game warden; appointment; compensa- 
tion; powers; duties. — Section 6. The governor shall 
appoint as provided in section 1, of chapter 436, of the 
laws of 1891, by and with the approval of the senate, as 
soon as practicable after the passage of this act, a state 
fish and game warden, whose term of office shall be two 
years from the date of his commission. The salary of 
such fish and game warden shall be eighteen hundred dol- 
lars per annum, payable in monthly installments by the 
state treasurer the same as salaries for other state offi- 
cers are paid, upon warrant of the secretary of state. Such 
state fish and game warden shall in addition to such salary 
be paid his actual expenses incurred in the discharge of 
his duty, upon vouchers therefor filed with the secretary 
of state and approved by the governor. Such state fish 
and game warden shall also act as secretary to the commis- 
sioners of fisheries. The duties of the officer provided 
for by this section shall be as follows: 

To keep records and conduct correspondence. — 1. To keep 
the records of the state fish commission, conduct its official 
correspondence and under the direction of the commission- 
ers to collect information and statistics as to the fisheries 
and fish food resources of the state. 

Duties defined. — 2. As state fish and game warden to per- 
form the duties and exercise the powers conferred by this 
act and by law, to perform or do any act or use any power 
or authority conferred by this act in section nine, and 
shall have the same rights, powers and authority confer- 
red by section two, of chapter 436, laws of 1891, upon the 
state fish and game warden herein mentioned. 

[Section 2, of chapter 436, laws of 1891 — Such fish and game 
warden or any such deputy, shall have full power and au- 



8 Fish and Game Laics of Wisconsin. 

thority to serve and execute all warrants and processes of law 
issued by justices of the peace or police magistrates, or by 
any court having jurisdiction, under the provisions of this 
chapter or any other law of this state, relating to the pres- 
ervation of fish, game or birds, in the same manner as 
any constable may serve and execute such process, and may 
arrest any person or persons by them detected in actually 
violating any of the provisions of the laws of this state 
relating to the protection of fish, game or birds, and may 
take such person or persons so offending, before any court 
having jurisdiction of the offense, and make proper com- 
plaint before such court, which shall proceed with such 
cause in the manner and form as provided by law. It shall 
further be the duty of such fish and game warden or his 
deputies, upon receiving information that any such law has 
been violated, to immediately cause a thorough investiga- 
tion to be made of such complaint and to cause proceed- 
ings to be instituted, if the proof at hand will warrant a 
conviction. For which purpose, and for all the purposes 
of enforcing this chapter and in the apprehending or secur- 
ing of any person or persons for the violation of the game, 
fish or bird laws of this state, and for the purpose of con- 
fiscating and obtaining a forfeiture of any nets, snares, 
traps, or other contrivances of any kind or of any dog or 
ferret, used in violation of any game, fish or bird laws of 
this state, they and the sheriff, deputy sheriff, coroner, 
constable, or police officer having the powers of a sheriff 
or constable, may call to their aid such persons, or the 
power of the county as they may deem it necessary ; and it 
shall be the duty of every sheriff, deputy sheriff, coroner 
constable or police officer having the powers of a sheriff 
or constable, of any county of this state, whenever required 
by such fish and game warden, or his deputies, to forth- 
with assist them in the execution of process and in the 
siezure and confiscation of any contrivances or animals 
used in violation of such laws. Such fish and game 
warden and his deputies shall have the power, and it shall 
be their duty, to take and confiscate any and all nets, 



Fish and Game Laws of Wisconsin. 9 

snares, traps, ferrets, or dogs, and every other means and 
contrivances whatsoever, used in violation of any of the 
fish, game or bird laws of this state.] 

Other duties — 3. To perform such other duties as may be 
prescribed by the commissioners or devolved upon him by 
law. 

Fish commissioners to have room and stationery. — Sec 
tion 6a. The^commissioners shall be furnished a suitable 
room in the capitol for an office, suitable furniture there- 
for; and such office shall be for the use of their secretary. 
The superintendent of public property shall furnish suffi- 
cient stationery for the use of the commission and its sec- 
retary ; and any printed blanks necessary for the use of the 
commission's secretary shall be supplied as is now fur- 
nished to the several departments of the government in 
the capitol. 

Deputy fish and game wardens. — Section 7. The com- 
missioners of fisheries shall empower the secretary of the 
commissioners to appoint in the name of the commission 
and under its seal, such number of game and fish wardens 
as they deem necessary, not to exceed two in each county, 
to serve in the various parts of the state, who shall hold 
office during the pleasure of the commissioners, and be 
under the immediate direction and control of the secretary, 
as chief warden. He may also appoint, in like manner, 
any special warden upon the recommendation of any county 
board of supervisors, incorporated society or voluntary 
association, co-operating for the better enforcement of the 
fish and game laws of the state. The sheriffs, deputy 
sheriffs, constables, or other ministerial peace officers, in 
their respective jurisdictions shall have the same powers 
as are hereby conferred upon fish and game wardens; and 
in case of any proceedings instituted by one of them, he 
shall make report of the same to the secretary of the com- 
missioners, and shall be paid as in case of other official 
duties performed by him in like prosecutions or actions. 
Any special wardens so appointed are hereby authorized 
to receive any reward or compensation offered by any in- 



10 Fish and Game Laics of Wisconsin. 

corporated or unincorporated association for the conviction 
of any violators of this or any other law of the state now 
or hereafter in force for the protection of fish, game or 
birds in this state. 

Compensation of deputies — Section 8. Such fish and 
game wardens appointed as herein provided shall receive 
no salary, and shall be entitled to the same fees as con- 
stables receive by law in criminal cases for like services 
and shall be paid in like manner, and shall also receive 
one half the proceeds of all fines and forfeitures collected 
in prosecutions and actions in which they are informants 
or complainants ; and for special services out of the con- 
tingent fund as hereafter provided. 

Powers and duties of deputies — Section 9. The powers 
and duties of such fish and game wardens shall be as follows : 

Informers and complainants — 1. To act as informers or com- 
plainants in instituting prosecutions and actions to recover 
penalties for foreitures for violations of this chapter or 
any law of the state for the preservation or protection of 
fish, game or birds. 

To investigate complaints — 2. To investigate all complaints, 
to obtain all information in regard to alleged or suspected 
violations of this act or the laws of the state for the pro- 
tection of fish, game and birds. 

To serve ivarrants — 3. To serve and execute all warrants' 
or process of law issued by any court, justice or magis- 
trate having jurisdiction of the offenses or violations of 
this or any act of the state for the protection of fish, game 
and birds. 

To seize fishing apparatus illegally used — 4. To seize, remove 
and forthwith destroy any net, pound or other device 
found in the inland waters of this state or in the posses- 
sion of any person or persons intending to use the same 
for fishing, or having removed or being in the act of re- 
moving the same from any of the waters where the fishing 
with nets or devices or the setting of the same is prohib- 
ited or illegal under this act or any law of the state, and 
which are declared to be public nuisances. 



Fish and Game Laws of Wisconsin. 11 

To make report — 5. To make report of their proceedings 
as often as the secretary, acting under the direction of the 
•commissioners, shall require. 

To arrest violators — 6. To enforce the provisions of this 
act, and to arrest all persons violating or attempting to 
violate any of the provisions of the same, which violations 
are punishable by fine or imprisonment. 

To arrest without warrant in certain cases— -7. To arrest 
-without warrant any person found or caught by any of 
them in the act of violating or attempting to violate any of 
the provisions of this act which are made punishable by 
fine or imprisonment, and immediately take such person 
before some magistrate having jurisdiction of the offense 
in which such person is found, caught or j engaged and 
thereupon enter complaint, and the same proceedings shall 
be had as if warrant had been duly issued forjiis arrest, 
but no person shall be arrested without a warrant for any 
such violation or attempted violation when not engaged 
therein at the time of his arrest. 

To make complaint and obtain search warrant — 8. Whenever 
any game and fish warden or other officer having the pow- 
ers thereof shall have information and reason to believe 
that any person has in possession any fish, venison, duck, 
iowl or birds,, which have been illegally killed, caught or 
taken, or any nets or other apparatus, the use of which is 
prohibited by this act and that such nets or apparatus have 
been, within six months prior to such complaint illegally 
used by the person in possession of the same, such warden 
or officer shall make complaint to some justice of the peace 
of the proper county, or other court having criminal juris- 
diction over the territory where such property is, on oath, 
describing the articles so illegally in possession, above 
mentioned, and particularly the place where the same are, 
and setting forth the acts of illegal use as near as may be; 
and thereupon such justice or court may forthwith issue a 
warrant for the search for and seizure, as other search 
warrants are issued; and upon it being judicially proved 
and adjudged that the said fish, venison, duck or birds 



12 Fish and Game Laics of Wisconsin. 

were illegally caught, killed or taken, contrary to the pro- 
visions of this, or any act of this state, or that said nets 
or apparatus have been so illegally used the justice or 
court so adjudging may order the same to be disposed of 
or destroyed, as the case may seem to require. 

To confiscate illegally caught fish and game and sell same — 
9. To take possession of, in the name of the state, any fish, 
venison, birds, fowl or game, caught, taken or killed, had 
in possession contrary to the provisions of this act; and 
such fish, venison, birds, fowl or game are hereby declared 
contraband and shall be sold by the warden or his deputy 
to the highest bidder, and any one purchasing the same 
shall have the right to use the same as if the fish, venison, 
birds, fowl or game had been caught, taken or killed, or 
were possessed in accordance with the laws of this state, 
anything to the contrary notwithstanding; provided, that 
after the cost of sales the balance of the proceeds shall be 
paid into the state treasury to be credited to the general 
fund. 

Certain expenses chargeable to counties; per diem and 
expenses from contingent fund — Section 10. The reason- 
able exjDense of any seizure, removal or destruction of any 
nets, pounds, or other devices under this act shall be a 
charge upon the county in which the same is seized, and 
shall be audited, allowed and paid as other charges against 
such county are audited, allowed and paid. They shall be 
verified by the oath of the warden or officer by whom in- 
curred with full statement of the time, place and destruc- 
tion, the names of the persons employed therein, the time 
spent thereon and the money advanced, if any, and by 
whom. The expenses and a reasonable per diem may be 
paid, when incurred by any warden, out of any contingent 
fund, which may be provided by law for such purpose, 
for such special services as they may be directed by the 
secretary to perform. 

The outlying waters — Section 11. The waters of the 
state of Wisconsin, including Green Bay from the dam at 
De Pere on Fox river, Chequamegon bay, and that part of 



Fish and Game Laivs of Wisconsin. 13 

Lakes Michigan and Superior [and of the Mississippi river]* 
lying within the boundaries of the state are herein desig- 
nated and referred to as the "outlying waters of the 
state. " 

Private waters — 1. The term, "private waters" applies to 
those ponds and streams exclusively owned by individuals 
and used for private hatcheries or ponds in which trout 
or other varieties of fish are artificially propagated, and 
without having heretofore received nor hereafter receiving 
spawn or fry or other assistance from the commissioners 
of fisheries in stocking the same. 

Trout streams public waters- — 2. The outlying and inland 
waters of the state and all streams which have heretofore 
been stocked with trout, whether meandered, as navigable 
or not, are deemed public waters, and the fish therein are 
public property and may be lawfully caught or taken by 
any person except as restricted or prohibited by this act 
or other provisions of law. 

Sturgeon bay regulations — 3. The waters of Sturgeon 
bay shall be subject to the following provisions: No 
pound, gill or fyke net or seine, or any other net or device 
for catching or trapping fish shall be used, except a dip 
net to be used for the purpose of catching minnows for 
bait, and by trolling hook or single hook and line; and it 
shall be unlawful to catch any fish in Sturgeon bay by any 
other method than is authorized by this section. The 
waters of Sturgeon bay shall be considered that portion 
lying south of a line drawn from the Sherwood Point 
lighthouse, said line running northeasterly to the shore, 
terminating southeast corner lot two (2), section eighteen, 
township twenty-eight, range twenty six east in Door 
county, and including also the waters of Sawyer's harbor. 

Detroit harbor limits and regulations — 4. The waters of 
Detroit harbor, which shall be construed to include that 
portion of water lying north and west of a line beginning 
at the extreme southern point of lot number three (3), sec- 
tion fourteen (14), town number thirty-three (33) north, of 

* The words within the brackets are not properly a part of this law. 



11 Fislt and Game Laws of Wisconsin. 

range number twenty -nine (29) east, running thence east- 
erly in a direct line to the extreme southern point of lot 
number two (2), section eighteen (18), town number thirty- 
three (33) north, of range number thirty (30), all in Door 
county, shall be subject to the following, viz. : It is un- 
lawful and prohibited for any person for himself or another 
to set in the'waters of Detroit harbor any set hooks, seine, 
pound, fyke, trap'or gill net or any other device for catch- 
ing, killing or taking any fish from the waters thereof, 
except with a hand^dip net or minnow seine used exclus- 
ively for bait, and with trolling hook and line and single 
hook and line to be cast and used by hand. 

Lake Superior regulations — 5. It shall be unlawful for any 
person, for himself or another, to set or cause to be set in 
the waters of Lake Superior, on or near the main shore 
thereof, from the mouth of the Montreal river to the 
mouth of the St. Louis river, any pound, gill or fyke net 
or seine. 

REGULATIONS FOR THE OUTLYING WATERS OF THE 

STATE. 

Possession of certain fish prohibited — Section 12. It is 
hereby declared unlawful and prohibited for any fish 
dealer or other person to have in his possession in this 
state or to ship out of this state: 

Small ivJiite JisJt — 1. Any white fish of less than one and 
a half pounds round or undressed weight or less than one 
pound dressed, taken from the outlying waters of the 
state. 

Small pike and black bass — 2. Any wall-eyed pike, yellow 
or sauger pike, or black bass of any variety of less than 
one pound round or undressed weight, which have been 
taken from the outlying waters of the state, or 

Small white bass — 3. Any white bass of less than three- 
fourths of a pound round or undressed weight. 

No nets in great lakes within a mile of shore nor in 
Chequamegon hay — Section 13. It shall be unlawful for 
any person to set or cause to be set for himself or an- 



Fish and Game Laws of Wisconsin. 15 

other, in the waters of Lake Superior anywhere within 
one mile of the main shore thereof from the mouth of the 
Montreal river to the mouth of St. Louis river and in the 
entire Chequamegon bay, any seine, pound, gill or fyke net. 
It shall be unlawful to place any seine or gill net in the 
waters of Lake Michigan within one mile of the shore 
thereof from the south line of the state to the north line 
of Kewaunee county, Wisconsin. 

Netting season in Green bay — Section 14. It shall be 
unlawful to use any gill, fyke, pound, seine, dip or other 
net in the waters of Green bay from the dam at De Pere 
on the Pox river to a line drawn one mile north from Long 
Tail Point lighthouse to Point Au Sauble, Brown county, 
from the tenth day of April in each year to the first day 
of July following. 

Refuse and fish offal not to be thrown in waters — 
Section 15. It is unlawful and prohibited for any person 
to place in any of the outlying waters of this state, in- 
cluding Sturgeon Bay, which border upon land whose 
owners or occupants are engaged in fishing any ship bal- 
last, stone, sand, cinders, ashes, slabs, decayed wood, bark, 
or other obstruction, within one mile from the beach or 
shore where said waters form any part of the bays or lakes 
constituting such outlying waters. Or for any boat owner, 
master or other person in charge thereof to wilfully or 
maliciously run into or molest any nets, traps or other fix- 
tures lawfully set in said waters for fishing purposes. Or 
to throw into the outlying waters of this state, or bays 
thereof, or streams emptying therein, or to leave upon the 
ice therein until it melts, any fish offal, which shall be 
construed to mean the heads, intestines and blood of fish, 
and dead fish. The fact of a fisherman coming on shore 
with dressed fish and no offal in his boat, shall be prima 
facie evidence that he has violated this section. 



16 Fish ai\d Game Laws of Wisconsin. 

REGULATIONS FOR THE INLAND WATERS. 

Nets in inland waters; inland waters defined — Section 16. 
No person shall be allowed to set, place or use any 
gill, fyke, pound, seine, dip or other net or snare, or trap 
in any of the inland waters of the state of Wisconsin for 
the purpose of catching fish of any variety ; provided, that 
the fish known as whitefish may be taken with a dip net 
between the first day of November and the eighth day of 
December in each year. The inland lakes, rivers and 
streams of the state shall be construed as meaning all the 
waters within the jurisdiction of the state, except Lakes 
Superior and Michigan, Chequamegon Bay, Green Bay 
and Sturgeon Bay, [and] Lake St. Croix, [and the Missis- 
sippi river.] * This act shall not prevent the catching of 
shiners, chubs, dace, suckers, sheepshead, dogfish, garfish, 
red-horse, sturgeon, catfish and bullheads in all rivers or 
streams by the use of dip nets or spears, during the day- 
time at any season of the year; but no dip net shall be 
used for such purpose in any stream of the state contain- 
ing trout of any variety. 

THE IMPREGNATION OF EGGS. 

Trout to oe spawned — Section 17. It shall be the 
duty of each person engaged in fishing in any of the out- 
lying waters of this state between the twentieth day of 
October and the fifteenth day of November in each year, 
to take the eggs (if not already spawned) from the female 
trout caught by him, while alive, and the milt from the 
male trout, while alive, and to mix and, after mixing 
them together in a pail or pan so carefully that all the 
eggs may be impregnated, to throw them immediately 
into the water where the fish were taken. 

Whitefish to be spawned — 2. It shall also be the duty of any 
person employed in fishing in said outlying waters to take 
the eggs from all whitefish caught by him between the 

* Should be stricken out. 



Fish and Game Laws of Wisconsin. 17 

first day of November and the twenty-fifth day of Novem- 
ber, each year, while alive, and the milt from the male 
whitefisb, while alive, and to mix and, after mixing them 
together in a pail or pan so carefully that all the eggs may 
be impregnated, to throw them immediately into the water 
where the fisb were taken. 

Fishermen to deliver spawn fish to fish commission's agents — 

3. It shall be the duty of any person engaged in fishing in 
any of the outlying waters of this state, to deliver on de- 
mand to the commissioners of fisheries or to any one dep- 
utized by them or by their secretary in writing, all kinds 
of fish during the spawning season, from which spawn or 
milt can be taken, for the purpose of being stripped of 
their eggs and milt; and the person receiving them or 
placed in charge of them shall, immediately after having 
stripped the fish, return them to the person from whom 
received. 

Fish commission's agents to have access to boats, docks, etc. — 

4. Any such fishermen shall also permit such person au- 
thorized by this section, to enter their boats, docks, 
grounds or other places where such fish may be, for the 
purpose of stripping the same and to render such assist- 
ance as may be necessary to expedite the work of the mix- 
ture of milt and eggs for proper impregnation. 



THE POLLiUTION OP WATERS. 

What constitutes pollution— Section 18. It is unlawful 
and prohibited — 

1. To cast, deposit or throw overboard from any row, 
sail or steamboat or other craft into any of the inland waters 
of the state, or into Green Bay, Sturgeon Bay, or into 
Chequamegon Bay, or to deposit or leave upon the ice 
thereof until it melts, any fish offal which shall be con- 
strued to mean and include the heads, intestines, blood, 
and cleanings of fish and dead fish. The fact of any fisher 
men coming to the shore with dressed fish in his boat and 
2 



18 Fish and Game Laivs of Wisconsin. 

without the offal produced by such dressing shall be prima 
facie evidence of violation of this section. 

2. To throw or deposit or permit to be thrown or depos- 
ited any lime, tan bark, ship ballast, stone, sand, cinders, 
ashes, slabs or decayed wood, or other substances deleter- 
ious to fish life (authorized drainage and sewerage from 
municipalities excepted) into any of the rivers, lakes or 
streams of this state, including Green Bay, Chequamegon 
Bay, and Sturgeon Bay, or into any stream wherein the 
•commissioners of fisheries have caused trout fry to be de- 
posited, or in which brook trout naturally abound. 

Public nuisances — Section 19. The following are de- 
clared to be public nuisances: 

Prohibited nets- — 1. Any net of any kind prohibited by 
law, while set or found in any waters where such net is 
prohibited by law from being set or used. 

Seines while in unlawful use — 2. All seines or other devices 
or contrivances set or found in any waters for catching 
fish in a manner prohibited by the laws relating to such 
waters. 

Set lines and lines with more than one hook — 3. All set lines, 
trout poles, ropes or cables, having more than one hook 
attached thereto, directly or indirectly, set in any waters 
contrary to law. 

Nets for trapping ivater fowl — 4. Any net set for the en- 
snaring, entrapping or drowning of ducks, wild geese or 
other water fowl. 

Traps, spring guns, etc., set for unlawful purposes — 5. Any 
traps, snares, spring guns, or other devices or contrivances 
set for the purpose of trapping, ensnaring or killing 
any animals, birds or water fowl, the trapping, ensnaring 
or killing of which is prohibited by law. 

Boats, deer lights, etc. — 6. Any boats, deer lamps, or lights 
while in use in the unlawful pursuit or hunting of deer. 

Pivot or swivel guns — 7. Any pivot or swivel gun or other 
fire arms not held habitually at arms length and dis- 
charged from the shoulder, while in use for the unlawful 
shooting of any animals, water-fowl or birds. 



Fish and Game Laws of Yfisconsin. 19 

Screens set in public waters — 8. Aoy screens set in public 
waters to prevent the free passage of fish in trout streams 
which have been stocked by the state commissioners of 
fisheries. 

Blinds for hunting water-fowl and decoys used in close sea- 
son — 9. All boats, floating rafts or boxes, or blinds set in open 
water outside of the natural growth of grasses or rushes, in 
use for the unlawful pursuit, hunting or shooting of any 
duck, geese or brant, and all decoys set for the unlawful de- 
coying of such water fowl during the close season therefor. 

Articles named to be forfeited and destroyed on warrant. — 
10. The illegal use of any of the articles mentioned in this 
section contrary to the provisions of this act shall forfeit 
the same to the state; and in any prosecution for such il- 
legal use of the same the court may, upon conviction, ad- 
judge, in addition to the fines and forfeitures by this act 
imposed the forfeitures of such articles and issue a war- 
rant commanding that such articles forfeited be destroyed. 

No liability incurred by any person in destroying these 
articles — Section 20. It shall be the duty of any warden, 
deputy warden, sheriff, deputy sheriff, constable, special 
warden, or other peace officer to destroy forthwith any 
article or thing declared hereby to be a public nuisance, 
when found or taken in the unlawful use, which according 
to this act makes the same a public nuisance; and no lia- 
bility shall be incurred to the owner or any other person 
for such destruction; any other person than warden or offi- 
cer finding such public nuisance is hereby authorized to de- 
stroy the same, and shall incur no liability therefor. 

The unlawful taking- or catching of fish — Section 21. 
It is unlawful and prohibited to fish for, catch or kill with 
any device or in any manner any of the kinds of fish men- 
tioned in this section during the close season therefor, as 
prescribed by this act or any other law of the state. 

Trout — 1. Speckled or brook trout, California or rainbow 
trout, or mountain or brown trout, or any other variety of 
trout with which the streams of the state may have been 
stocked. 



20 Fish and Game Laws of Wisconsin. 

Bass, pickerel <m< } pike — 2. White, black, mud, green or 
Oswego bass or pickerel or wall-eyed pike, bat this clause 
does not apply to the lawful fishing for bass in the out- 
lying waters of the state. 

Trout close season — 8. The close season for the varieties 
of trout mentioned in this section begins in each year on 
the twentieth day of August and ends on the fifteenth day 
of April. 

Section 22. It is unlawful and prohibited — 

Dynamite prohibited — 1. To catch, kill or take any fish of 
any variety in any of the waters of this state by means of 
dynamite or other explosives. 

Set lines proliibited — 2. To catch in any of the inland 
waters of this state, any fish by means of a set line, trot 
line or any wire, string, rope, or cable of any sort having 
thereto attached directly or indirectly more than one hook. 

Hook and line only permitted — 3. To catch fish of any va- 
riety in any of the inland waters of this state with any 
other device than a hook and line. 

[4. To use any pound or gill nets in the waters of the 
Mississippi river at any time; or to use any seines over 
two hundred feet in length in said waters between the first 
day of February and the succeeding first day of July.]* 

Ice fishing — 5. To fish through the ice in any of the 
inland waters with more than one hook and line. 

No fishing near jishway — 6. To take, catch or kill any 
fish in any stream or water within one hundred feet of any 
fishway during the spawning season of fish in such waters, 
or have in possession or under control any fish so taken, 
killed or caught. 

Use of medicated bait, e.r plosives, drugs, etc., prohibited — 
7. To lay, use, set or prepare any drug, poison, lime, med- 
icated bait, fish berries, dynamite or other explosives or 
deleterious substance whatever in any of the outlying or 
inland waters of this state with intent thereby to kill, take 
or capture fish. 

* Subsection 4 should be stricken out. 



Fish and Game Laws of Wisconsin. 21 

Setting lines containing more than one hook — 8 . To lay, 
set, stretch, use or prepare any set line, trot line, or any 
wire, string, rope or cable of any sort whatever having 
thereto attached more than one hook, with intent thereby 
to take, catch or kill any fish. 

Taking during close season prohibited — 9. To kill, cap- 
ture or take by any device or in any manner in any of the 
inland waters of this state any black bass, green -bass, Os 
wego bass, white bass, pickerel, wall- eyed pike and mus- 
callonge during the close season thereof, which begins on 
the first day of March and ends on the first day of June in 
each year, excepting as hereinafter provided. 

The unlawful pursuing, capture, killing., or taking of 
deer, birds, water-fowl or other birds— Section 23. It is 
unlawful and prohibited — 

Deer season — 1. To kill, capture or take by any kind of 
device or contrivance whatever, or to pursue with intent 
to kill or to take or worry any deer, buck, doe or fawn be- 
tween the twenty-first day of November in each year and 
the succeeding first day of November in the year follow 
ing; all the months of the year except the first twenty days 
of the month of November being hereby declared the close 
season, for the animals above named in this section, pro- 
vided, however, that the killing, taking or worrying of any 
deer, buck, doe or fawn is hereby prohibited in the county 
of Sheboygan for the period of five years. 

Use of dogs for deer prohibited — 2. To hunt deer, buck or 
doe in the night time; or at any time with dogs. 

Babbit hunting icitli dogs prohibited in deer season — 3. To 
use a dog or dogs to hunt rabbits during the time the law 
permits the hunting of deer; provided, that this sub divi- 
sion shall not apply to the counties of Green, Dane, Rock, 
Walworth, Kenosha, Racine, Milwaukee, Waukesha, Jeffer- 
son, Ozaukee, Fond du Lac, Columbia, Winnebago, Calu- 
met, Dodge, Washington, Iowa, Crawford, Grant Mani- 
towoc, Kewaunee and that portion of Door lying south of 
Sturgeon Bay and Lafayette. 



22 Fish and Game Laws of Wisconsin. 

Game bird season — 4. To take, catch, or kill any Califor- 
nia quail, woodcock, quail, partridge, pheasant or ruffed 
grouse, prairie hen or prairie chicken, sharp- tailed grouse 
or grouse of any variety, mallard, teal or wood duck, plo- 
ver or snipe, between the first day of December in each 
year and the succeeding 20th day of August in the follow- 
ing year. 

Mongolian, Chinese and English pheasants protected for five 
years — 5. To take, catch or kill any Mongolian, Chinese or 
English pheasant or any other variety of pheasants, for a 
period of five years. The shooting of ducks by aid of a 
light during the night time is hereby prohibited. 

Duck and goose season for all except mallard, teal and wood 
duck — 6. To take, catch or kill any wild duck of any va- 
riety or wild goose or brant between the first day of May 
and the succeeding first day of September. 

"Sneaks" prohibited — 7. To use in the pursuit of any duck, 
goose or brant or other aquatic bird any sneak boat, raft 
or box of whatever description, which such boat, raft or box 
shall be in whole or in part arranged so as in any manner 
to conceal the person or persons occupying the same. 

Netting ducks prohibited — 8. To catch any wild duck of any 
variety in any net, or to place any net in or upon any 
waters frequented by wild ducks of any variety, or under 
said waters. 

Snares, nets, traps and spring guns prohibited. — 9. To take, 
catch or kill or attempt to take, catch or kill any of the 
animals, birds or water- fowl mentioned in this section by 
means of any snare, net, trap or spring gun or similar con- 
trivance, or to place, spread or set, or permit to be placed, 
spread or set any such net, trap or snare or spring gun or 
device for the purpose of catching such animals, birds or 
water-fowls. 

Sivivel guns prohibited — 10. To use in pursuit of any ani- 
mals, fowls or birds any pivot gun or swivel gun or any 
other fire arm not habitually held at arm's length and dis- 
charged from the shoulder. 



Fish and Game Laws of Wisconsin. %$■ 

Aquatic animal season — 11. To take, catch, kill or des- 
troy otter, martin, mink or fisher between the first day of 
May and the succeeding first day of October. 

Harmless birds protected — 12. To catch or kill at any time 
or for any purpose whatever, except as authorized in this 
act, any whippoorwill, night hawk, bluebird, finch, thrush, 
lark, robin, turtle dove, or any other harmless bird, except 
black birds and sparrows . 

Homing pigeons protected — 13. For any person not the 
owner thereof, or some person by him authorized to take, 
catch, kill, impede in its progress or otherwise interfere 
with any carrier or homing pigeon or pigeons. 

The unlawful possession of fish, game and birds — Sec- 
tion 24. It is unlawful and prohibited — 

Prohibited during close season— 1. To have in posses- 
sion or under control any varieties of fish, animals, game 
or birds for which a close season is prescribed by this act 
or by any law of the state now or hereafter in force, dur- 
ing the close season prescribed by law therefore (except 
alive), or any carcass of flesh thereof. 

Hotel keepers affected — 2. To any keeper of a hotel, res- 
taurant or boarding house to serve to his guests any such 
venison, birds, fish or game of any kind during the close 
season therefor unlawfully in his possession. The posses- 
sion or having under control any bird, animal or fish of 
any of the kinds during the close season herein prescribed 
for such except as in this act specified, shall be prima 
facie evidence that it was the property of this state when 
taken, caught or killed, and that it was caught, taken or 
killed in this state unlawfully, and the burden of proof 
shall be upon the defendant in any prosecution or action 
for forfeiture, to prove the contrary. 

Fish commission employes affected — 3. For any employe of 
the fish commission, while engaged in catching and dis- 
tributing wild fish from the public waters for the purpose 
of artificial propagation, to have in his possession any 
other varieties of fish than those he has been directed to 



2i Fish and Game Laivs of Wisconsin. 

take by the superintendent of the fish commission or his 
agent duly authorized in writing. 

The unlawful sale of fish, game and birds — Section 25. 
It is unlawful and prohibited — 

Sale prohibited during close season — 1. To sell or offer or 
exj)ose for sale any fish, game or birds, or venison at any 
time after three days from the beginning of the close 
season prescribed therefor, respectively; aud such sale, 
offer or exposure at any time after the expiration of three 
days shall be prima facie evidence of violation of this act. 

Purchase prohibited — 2. To purchase any such fish, game 
or venison or birds or any or either of them during any 
period of a close season therefor respectively, after the 
first three days of such close season. 

Sale or purchase of short-weight fish prohibited — 3. For any 
person, company or corporation to purchase or sell or offer 
or expose for sale any whitefish, lake trout, or wall-eyed 
pike or sauger pike caught in the outlying waters of this 
state of less weight than is authorized by this act to be 
caught or taken in the outlying waters of this state, or to 
pack the same for shipping or sale in any manner whatever. 

Dealers in game must inform on violations of law — Sec- 
tion 26. It shall be the duty of any fish dealer or person 
engaged in the purchase of game of any kind or fish of 
any kind within this state, whenever any fish, animals or 
birds, the taking, catching, killing, or having in posses- 
sion or under control of which is prohibited by this or 
any law of the state, to immediately notify and give 
full particulars concerning such offer and by whom made, 
to some member of the board of commissioners of fish- 
eries, game warden or some deputy or special deputy ap- 
pointed by their secretary. 

The unlawful transportation of fish and game— Section 
27. It is unlawful and prohibited for any person or corpo- 
ration, or common carrier or any agent or servant thereof, 
for compensation or otherwise — 

Fish during close season — 1. To transport any fish 
caught in the waters of this state of the varieties for 



Fish and Game Laivs of Wisconsin. 25 

which a close season is prescribed in this act or by law, 
during such close season (except the first three days there- 
of), but this section shall not prevent the shipment of 
trout raised in private hatcheries, of which the package or 
box shall be branded with an iron brand as follows: 
Shipped from the private hatchery of (here insert the 
name or the owner and the location of the hatchery). 

Using private hatchery brand — 2. To use the stamp or brand 
described in the preceding subdivision of this section in 
the shipment of any fish not raised in such hatchery. 

Game provisions; transporter must inform of offers to ship — 
3. To transport any of the animals, wild fowl or birds, ex- 
cept alive during the time which the killing, catching or 
taking of such animals, wild fowl or birds is prohibited 
by this act or by law. The possession of any such ani- 
mals, fowl or birds during the close season therefor (ex- 
cept the first three days thereof) for shipment or in tran- 
sit, shall be prima facie evidence of a violation of this act. 
It, shall be the duty of every person, whenever any animal, 
fish or game of any of the kinds, the taking, catching or 
killing of which is prohibited by law at any or all times 
(except during the periods in which the same may be law- 
fully taken, caught or killed) is offered to him to trans- 
portation out of this state, or any point or place within 
the state, to at once notify and give full particulars con- 
cerning such offer and by whom, to some member of the 
board of commissioners of fisheries or their secretary, or 
to some warden appointed by their secretary. 

Inland waters fish weighing more than twenty pqunds to the 
package — 4. To ship, carry or transport, or receive for 
shipment or transportation to any point or place out of 
this state, any fish taken in the inland waters of this 
state, excepting that when accompanying and having 
in his personal charge the owner of such fish may cany 
out of the state twenty pounds or two such fish, and ex- 
cepting also trout raised in private hatcheries, as provided 
for in subdivision 1, of this section. 



2G Fith and Game Lairs of Wisconsin. 

Deer carcasses — 5. To transport any carcass or carcasses 
of deer, buck, fawn or doe, except when such carcass or 
carcasses are accompanied by the owner or owners thereof, 
and each such owner so accompanying them shall not be 
entitled to more than two carcasses, as aforesaid, upon 
such trip. 

Ducks, snipe and plover — 6. To transport, ship or carry out 
of the state to sell or offer for sale any ducks of any va- 
riety, sni}3e or plover between the first day of December 
and the succeeding first day of September. 

Fish, game, and birds taken for scientific purposes— 
Section 28. The commissioners of fisheries may grant 
under the seal of the commission certificates to any mem- 
ber of an incorporated society of natural history, or to 
any professor of any university, school or college or any 
person properly accredited by such institution, certifying 
that such person or institution is authorized (is hereby for 
such purpose authorized) to collect for strictly scientific 
purposes, only, the nests, eggs, animals, birds, and fish 
protected by this act or the laws of the state. No person 
to whom such certificate is issued or who acts under the 
same, shall dispose of any such specimens except in ex- 
change for scientific purposes. Such certificates shall be 
issued only on satisfactory testimonials of well known sci- 
entific men. 

Attempt to violate made a violation — Section 29. Any 
attempt to violate any of the provisions of this section 
shall be deemed a violation thereof. 

Parts of game or fish construed — Section 30. All sec- 
tions of this act relating to the having in possession or 
under control, or the sale, shipment, or transportation of 
any animal, fish, water-fowl, or bird shall be construed 
to include any and all parts of the flesh and meat thereof. 

The artificial propagation of fish not affected — Sec- 
tion 31. The operation of state and public hatcheries in this 
state, the removal of fish which have died from natural 
causes from the waters of the state, the removal of dele- 
terious fish, with the written consent and under the direc- 



Fish and Game Laws of Wisconsin. 27 

tion of the 'commissioners of fisheries, the propagation or 
transportation, collecting and transplanting of fish or fish 
fry by state or public authority, and the operation of 
private hatcheries, or propagation of fish in private waters 
and the transportation of fish therefrom in the manner di- 
rected by this act are not affected or prohibited by this 
act nor shall it affect the transportation of fish into or 
through the state or out of it by the commissioners of fish- 
eries of^other states or of the United States. 

State stocked waters must Ibe open — Section 31a. Tne 
state fish commission or its agents or employes are pro- 
hibited from furnishing fish or fry from state hatcheries 
to private ponds, private clubs or corporations or preserves 
or waters where the public are not allowed the same rights 
and privileges enjoyed by any other person or persons. 

Release of chief and deputy wardens from liability — Sec- 
tion 32 . In the performance of his or their duties as chief 
fish and game warden and deputy fish and game wardens 
whose appointments are authorized by this act, he or they 
shall be released from any and all liability to any person 
or persons whatsoever for acts done or committed or prop- 
erty destroyed under and by virtue of the authority of the 
provisions of this act. 

[No section 33.] 



PROVISIONS APPLYING TO CERTAIN LOCALITIES OR WATERS 

ONLY. 

Lake de Neveu provisions — Section 34. The provisions 
of this section shall apply only to the waters of Lake de 
Neveu, in the county of Fond du Lac: 

Angling only allowed — 1. It shall be unlawful to fish for,, 
catch, take or kill any fish (except carp) in the said waters, 
by the use of any trap, spear, net orother means or device 
except fishing from a boat with hook and line or angling;, 
and fishing at night time by the aid of lights is prohibited. 

Bass, pickerel and perch — 2. No person shall be allowed to 
take~or kill any black or Oswego bass, pickerel or perch 



2S Fish and Game Laws of Wisconsin. 

in said waters from the first day of October in each year 
to the first clay of June following, and it shall be unlawful 
for any person to take or kill or have in their possession 
black or Oswego bass or pickerel at said lake less than 
seven inches in length. 

Possession of certain articles prima facie evidence — 3. The 
possession by any person of any traps, spears, nets or light 
or fish in this act specified, on, upon or at said lake, shall 
be prima facie evidence of the illegal use of such articles 
so prohibited by this section by the person or persons in 
whose possession they may be found. 

Door, Kewaunee, Brown, Oconto and Marinette Counties 
— Section 35. The provisions of this section shall apply 
only to the waters in and tributary to the counties of Door, 
Kewaunee, Brown, Oconto and Marinette: 

Nets — 4. It shall be unlawful to set in the waters named 
any fyke, gill, pound or hoop nets for the purpose of catch- 
ing or killing wall-eyed pike, pickerel, perch or black 
bass. 

Crabs protected in Sheboygan County— Section 36. It 
shall be unlawful for any person or persons to set, place 
or use any gill, fyke, pound, seine or trap net for the pur- 
pose of taking or catching crabs in all rivers in Sheboy- 
gan county, and no person or persons shall catch or take 
•any crabs in such rivers by the use of any such net or 
seine, excepting dip nets of not more than four feet in diam- 
eter. 

Ru sir Lake exempted — Section 37. The waters of Rush 
Lake, in the counties of Winnebago and Fond du Lac, is 
hereby exempted from the provisions of this a,ct relating 
to regulations upon the methods or times of taking, catch- 
ing or killing fish. 

Green Bay — Section 38. The provisions of this section 
shall apply only to the waters of Green Bay: 

Lights on pound nets — 1. All persons owning or operating 
pound nets in the waters of Green Bay shall, during the 
nighttime, place at the extreme outer end of such pound 
net or nets owned or operated by them a bright light, so as 



Fish and Game Laivs of Wisconsin. 29* 

to indicate whereabouts of such nets to mariners, and to 
have said lights exhibited as long as pound net sticks re- 
main in water. 

Stakes to be removed — 2. All persons operating pound nets 
in the waters of Green Bay shall remove all pound nets 
stakes (used or put in by them) at the close of the fishing 
season, so as to remove all obstructions to navigation. 

Pecatonica River — Section 39. It shall be lawful to take 
or catch any kind of fish except trout from the waters of 
the Pecatonica river in Iowa and La Fayette counlies with 
a hook and line at any time. But it shall be unlawful to 
take or catch any fish from the waters of said Pecatonica 
river at any time in any other manner than by hook and 
line. 

Devil's Lake — Section 39a. It shall be unlawful to fish 
in the waters of Devil's Lake in the county of Sauk, by 
any means whatever, between the first day of March and 
the succeeding first day of July in each year. 

Beaver Creek, Jackson County [Chapter 157, laws of 
1895'] — Section 1. No person or persons shall be al- 
lowed to fish for, take, catch or kill with any device what- 
ever any fish in the stream known as the north branch of 
Beaver creek, or in its tributaries, in the town of Frank- 
lin, in the county of Jackson, in this state, for the period 
of two years from the fifteenth day of April, 1895 ; nor 
shall any person or persons sell, or offer for sale, or buy, 
or have in their possession, any such fish caught or taken 
from such stream or its tributaries for such period of two 
years. 

Section 2. Any person who shall violate any of the 
provisions of this act shall, on conviction thereof, be 
deemed guilty of a misdemeanor and be fined not less than 
five nor more than twenty-five dollars, with the costs of 
prosecution. 

Wilson and Mill Creeks, Jackson County. [Chapter 159, 
laivs of 1895.] — Section 1. No person or persons shall be 
allowed to fish for, take, or catch or kill, with any device 
whatever, any fish in the streams known as Wilson valley 



30 Fish and Game Laws of Wisconsin. 

creek and Mill creek, or their tributaries, in the town of 
Melrose, in the county of Jackson, in this state, for a per- 
iod of two years from the fifteenth day of April, 1895, nor 
shall any person or persons sell, or offer to sell, or buy or 
have in their possession, any such fish caught or taken 
from such stream or its tributaries, for such period of two 
years. 

Section 2. Any person who shall violate any of the pro- 
visions of this act, shall, upon conviction thereof, be 
deemed guilty of a misdemeanor, and shall be lined not less 
than five or more than ten dollars with cost of prosecution. 

Counsel to assist in prosecutions — Section 40. The state 
fish and game warden is hereby empowered to appoint at 
such times and under such circumstances as shall seem to 
him to be necessary, counsel to assist the district attorney 
in the prosecution of cases arising under the provisions of 
this act, or in which the state fish and game warden or his 
deputies or any of them shall be interested by reason of 
their position as such fish and game warden or deputy; 
and in case of the neglect or refusal of any district attor- 
ney to prosecute any case so arising, or when for other 
reason the state is not represented, such counsel so ap- 
pointed by such state fish and game warden, may conduct 
the prosecution on behalf of the state. The compensation 
of such counsel shall be fixed by the state fish and game 
warden and paid out of the contingent fund hereinafter 
provided for the use of -such state fish and game warden in 
the enforcement of the laws. 

Fines and forfeitures — Section 41. For violations of 
any of the provisions of this act the offender shall, on 
conviction thereof, be punished by fine or imprisonment, 
or both, as follows: 

1. For violations of any of tho provisions of sections 11, 
12, 13, 25, 26 and 28, not less than twenty- five dollars nor 
more than one hundred dollars. 

2. For violation of any of the provisions of sections 14, 
15, 16, 17, 18, or subdivision three of section 23, not less 
than ten dollars nor more than one hundred dollars. 



Fish and Game Laws of Wisconsin. 31 

3. For violation of subdivisions four, five, six, seven and 
nine of section 22, or any of the provisions of sections 21 
and 25, not less than ten dollars nor more than one hun- 
dred dollars; and for violations of subdivisions one, 
two and three and eight of section 22, not less than twen- 
ty-five dollars nor more than one hundred dollars. 

4. For violation of subdivision five of section 23, not less 
than twenty-five dollars nor more than fifty dollars; and 
for violation of subdivisions four, six, seven, nine, eleven, 
twelve, or fourteen of section 23, or any or either of 
them, not less than ten dollars nor more than one hundred 
dollars. 

5. For violations of subdivisions one, two and eight of 
section 23, or any or either of them, not less than twenty- 
five dollars nor more than fifty dollars. 

6. For violation of subdivision ten of section 23 not less 
than five dollars nor more than ten dollars for each offense. 

7. For violation of section 24 or any of the provisions 
thereof, not less than twenty -five nor more than one hun- 
dred dollars. 

8. For violations of any of the provisions of section 34 a 
fine of five dollars, or not exceeding thirty days in jail. 

9. For violation Of any of the provisions of sections 35, 
38 and 39a, or any or either of them, not less than five 
■dollars nor more than fifty dollars. 

10. For violation of any of the provisions of section 36 
not more than twenty dollars, nor more than twenty days' 
imprisonment in the county jail. 

11. For violation of any of the provisions of section 39 
not more than twenty-five dollars, nor more than thirty 
■days in the county jail. 

12. For violation of any of the provisions of this act for 
which a fine is not herein expressly provided, the fine 
shall be not less than ten dollars nor more than one hun- 
nred dollars. 

13. For violation of any of the provisions of section 27 of 
this act, the offender shall forfeit not less than twenty-five 
■dollars nor more than one hundred dollars. 



32 Fish and Game Laivs of Wisconsin. 

Discretion of trial court — Section 42. In imposing any 
fine under the provisions of this act, the court may in its 
discretion sentence the offender to imprisonment in the 
county jail of the proper county for a term of not less than 
thirty nor more than ninety days, or impose such impris- 
onment in lieu of fine; and in all cases the sentence and 
judgment shall include the cost of prosecution; and the 
provisions of section 4633 of the revised statutes as 
amended shall apply in such cases. 

Chapter 143, R. S., to apply— Section 43. in any 
action to recover forfeiture under this act, the provis- 
ions of chapter 143, of the revised statutes, entitled, 
"Of collection of forfeitures," shall be pursued as far as 
applicable, and except as herein otherwise provided for. 
The action shall be in the name of the state; and an ap- 
peal may be taken to the circuit or supreme court, when 
directed by the secretary of the commissioners of fisheries. 

Disposition of fines and forfeitures — Section 44. One- 
half of all fines and forfeitures imposed and collected under 
this act, shall be paid to the warden or other officer who 
brings the complaint. The other half being the clear pro- 
ceeds thereof, shall be paid by the justice or other officer 
collecting the same, as other fines and forfeitures are paid 
when collected, into the school fund. 

Fish and game laws to be published — Section 45. The 
commissioners of fisheries shall cause Lo be published this 
act, and append thereto suitable forms for complaints, judg- 
ments, other proceedings and reports under this act; and 
the secretary of state shall order the same to be printed 
by the public printer in such manner in pamphlet form, as . 
the commissioners may deem necessary. 

Reports— Section 46. Each person engaged in fishing 
in the outlying waters of the state, as a business, during 
the whole or any part of the year, shall on or before the 
first day of December of such year report to the secretary 
of the commissioners of fisheries, or to some warden, the 
amount in pounds of all food fish caught by him during the 
year, the average price per pound, and such other infor- 



Fish and Game Laws of Wisconsin. 



33 



mation as is required by the blanks furnished him for the 
purpose, which shall be in the following form: 



REPORT. 

Of of fish caught during the season from Decem- 
ber 1st, 18—, to November 30, 18—. 

This report covers the fishing season from , 189 — , 

to , 189—. 

Description of nets used. 



Number. 



Value. 



Size of mesh. 



Species of Fish. 


Pounds. 


Pric^ per lb. 


Total. 


























Bas* 

































I hereby certify that the foregoing statement is true. 
Dated this day of , 18 — , at , Wisconsin. 



Signature, . 

For failure to make such report, and for wilfully making 
a false report, such person shall be punished by a fine of 
not less than twenty-five dollars nor more than fifty dol- 
lars. Oq or before the last day of December of each year, 
the warden appointed pursuant to this act, and any sheriff 
or constable who has performed any duties under this act, 
shall make report to the secretary of the commissioners of 
3 



34 Fish and Game Laws of Wisconsin. 

fisheries of the action taken by him, the number of prose- 
cutions commenced, the arrests made, the convictions had, 
the amount and date of fines and forfeitures collected, with 
such other information as the secretary may require, the 
same to be made on blanks furnished him for the purpose. 

Appropriation, contingent fund, etc. — Section 47. 
There is hereby appropriated out of any moneys in the gen- 
eral fund, not otherwise appropriated, annually the sum of 
eighteen hundred dollars for the salary of the state fish 
and game warden; and there is also set apart in the state 
treasury a contingent fund of twenty- five hundred dollars, 
subject to the draft of the state fish and game warden, 
countersigned by the president of the fish commission, to 
be used when necessary in the enforcement of the laws for 
the protection of game and fish and for the special services 
of deputies, special counsel and other expenses of similar, 
necessary character, to be paid upon sworn vouchers, and 
the expenses of the secretary shall also be paid in like 
manner out of any moneys in the general fund not other- 
wise appropriated. 

Repealing' clause — Section 48. All laws of which this 
act is a revision, and all acts or parts of acts contraven- 
ing the provisions hereof are, so far as they conflict here- 
with, repealed; provided, however, this shall not repeal 
or affect chapter nine of the laws of Wisconsin for 1889. 

Section 49. This act shall take effect and be in force 
from and after its passage and publication. 

Approved April 16, 1895. 



Fish and Game Laws of Wisconsin. 35 



FISHWAY LAW. 



CHAPTER 83^ 



An Act to provide for fish ways in the dams on and across 
all streams in the state of Wisconsin. 

The people of the state of Wisconsin, represented in senate and 
assembly, do enact as follows: 

Must be ill all dams— Section 1. It shall be the duty of 
all persons, firms or corporations owning, occupying, using 
or having charge of any dam now erected or hereafter to 
be erected on or across any waters of the state of Wiscon- 
sin, to construct in or upon such dam, good and sufficient 
fishways, which fishways shall be constructed according to 
plans furnished by the secretary of the state fish commis- 
sion, upon application therefor by any person interested in 
the dam or dams in which it is proposed to place such fish 
ways; provided, that no person, firm or corporation shall 
be compelled to construct any fishway under the provisions 
of this act, the necessary and original cost of which shall 
exceed the sum of one hundred and fifty dollars. 

Time when it must be open and unobstructed — Section 2. 
The person, firm or corporation owning, occupying or 
having charge of any such dam shall keep such fishway in 
good repair, open and unobstructed from the first day of 
March to the fifteenth day of June in each year. 

Fish commission may release dam owners — Section 3. 
The state board of fish commissioners, by certificate issued 
under seal of the board, directed to the owner, occupier or 
user or person in charge of any dam mentioned in this act, 
shall have power to suspend the operation of this act with 
respect to such dam or dams, if it shall appear to the said 
board of fish commissioners that the said fishway or fish- 



36 Fish and Game Laics of Wisconsin. 

ways is or are not necessary to the free passage of fish, or 
that there are no fish in the stream over which the state 
has exercised any protecting jurisdiction. 

Must be in place by March 1, 1896— Section 4. All 
fishways provided for in this act shall be placed in the 
dam or dams, not exempted by the state fish commission, 
as provided for in section 3, of this act, on or before 
March 1, A. D. 1896. 

Penalty for not providing- fishways — Section 5. Any 
person, firm or corporation owning, occupying or having 
charge of any dam or dams on or across any stream or 
other waters of this state, shall be liable, upon conviction 
of a violation of any of the provisions of this act, to a fine 
of five dollars per day for each and every day after the first 
said day of March, A. D. 1896, that said dam or dams so 
owned, occupied or in charge of him or them shall be unpro- 
vided with good and sufficient fishways, constructed accord- 
ing to plans furnished by the said secretary of the state 
fish commission. 

Penalty for not keeping fishway open — Section 6. Any 
person, firm or corporation owning, occupying or having 
charge of any dam or dams in this state, who shall fail to 
keep the fishways in such dam or dams open and unob- 
structed during the time between the first day of March 
and the succeeding fifteenth day of June in each year, 
shall be liable, upon conviction thereof, to a fine of not 
less than ten dollars per day for each and every day such 
fishway shall not be open and unobstructed during the 
time specified. 

Qui tain provision — Section 7. One-half of the fines 
imposed by this act shall go to the person or persons upon 
whose information the charge was made upon which a con- 
viction was secured under the provisions of this act. 

Section 8. All acts or parts of acts inconsistent with 
or conflicting with this act are hereby repealed. 

Section 9. This act shall take effect and be in force 
from and after its passage and publication. 

Approved April 19, 1895. 



Fish arid Game Laws of Wisconsin. 3? 



ALL MEANDERED LAKES DECLARED PUBLIC 

WATERS. 



CHAPTER 328. 

An Acr declaring meandered lakes public waters, and re- 
lating to the rights and privileges of all persons therein. 

The people of the state of Wisconsin, represented in senate and 
assembly, do enact as follows: 

Section 1. All lakes within this state, which have been 
meandered and returned as navigable by the surveyors em- 
ployed by the government of the United States, or which 
have been so meandered and are navigable in fact, are 
hereby declared navigable and public waters, and all per- 
sons shall have the right and privilege to pass to and fro, 
and be, and remain, thereon, and to have and enjoy all 
other rights and privileges thereon, and thereto, to the 
same extent and with like effect as in, to, and over, and 
upon all other navigable or public waters within this state; 
provided, this act shall not affect pending litigation or in- 
terfere with any vested rights that have been heretofore 
acquired upon any such lakes or streams. 

Section 2. All acts and parts of acts inconsistent or 
conflicting with this act are hereby repealed. ' 

Section 3. This act shall take effect and be in force 
from and after its passage and publication. 

Approved April 19, 1895. 



38 Fish and Game Laws of Wisconsin. 



PROTECTING BIRDS IN PUBLIC PARKS. 



CHAPTER 107. 



An Acr to prohibit the discharge of missiles from fire 
arms, slungshots or other weapons within forty rods 
of any public park, square or enclosure. 

The people of the state of Wisconsin, represented in senate and 
assembly, do enact as follows : 

Section 1. It shall be unlawful for any person to dis- 
charge or cause to be discharged any missile from any fire- 
arm, slungshot, bow and arrow or other weapon, within 
forty rods of any public park, square or enclosure owned 
or controlled by any municipality within this state and re- 
sorted to for recreation or pleasure when such park is sit- 
uated entirely without the limits of such municipality. 

Section 2. Any person violating any of the provisions 
of this act shall, on conviction thereof, be punished by a 
fine of not less than one dollar, nor more than twenty-five 
dollars, or by imprisonment in the county jail not exceed- 
ing sixty days. 

Section 3. This act shall take effect and be in force 
from and after its passage and publication. 

Approved March 29, 1895. 



Fish and Game Laws of Wisconsin. 39 



THE "NIGHT-TIME" DEFINED. 



CHAPTER 85. 



A* Atc to define the time "night-time" when used in any 
statute, ordinance, indictment or information. 

The people of the state of Wisconsin, represented in senate and 
assembly, do enact as follows : 

Section 1. The time "night-time" when used in any 
statute, ordinance, indictment or information in this state, 
shall be deemed to be the time between one hour after the 
sun setting on one day and one hour before sunrising on 
the next day; and in all cases the time of sunsetting and 
sunrising shall be ascertained according to mean time in 
the place where the term may be used, as given in any 
published almanac. 

Section 2. This act shall be in full force and effect from 
and after its passage and publication. 

Approved March 23, 1895. 



40 Fish and Game Lairs of Wisconsin. 



JURISDICTION OVER BOUNDARY WATERS. 



Jurisdiction when counties are separated by water — Sec- 
tion 7, Revised Statutes. "Whenever two counties are 
separated from each other by a river or creek, the middle 
of the main channel of such river or creek shall be the di- 
vision line between them, unless otherwise provided in the 
description of the boundaries of such counties. The coun- 
ties so separated shall have common jurisdiction of all of- 
fenses committed on the waters between them, and all 
writs and process issued in any such county may be exe- 
cuted at any place on the waters of such river or creek op- 
posite the county from which it was issued. 

Jurisdiction of counties bounded by rivers and lakes — 
Section 8, Revised Statutes. The counties now or here- 
after organized upon the westerly shore of Lake Michigan 
shall have jurisdiction in common of all offenses committed 
on that part of said lake which lies within the limits of this 
state. The counties now or hereafter organized on the 
shores of Green Bay shall have jurisdiction in common of 
all offenses committed on that part of said Green Bay which 
lies within the limits of this state. The counties now or 
hereafter organized on the southerly shore of Lake Super- 
ior shall have jurisdiction in common of all offenses com- 
mitted on that part of said lake which lies within the 
limits of this state. The counties now or hereafter organ- 
ized on the easterly shore of the Mississippi river shall 
have jurisdiction in common of all offenses committed on 
that part of said river which lies within the limits of this 
state. The counties now or hereafter organized on the 
shores of Lake Winnebago shall have jurisdiction in com- 
mon of all offenses committed on any part of said lake. The 
counties now or hereafter organized on the easterly shore 



Fish and Game Laivs of Wisconsin. 41 

of the St. Croix river or lake shall have jurisdiction in com- 
mon of all offenses committed against this state on any part 
of said river or lake; and all offenses committed against this 
state on any part of said waters may be heard and tried in 
either of the counties having, as aforesaid, common juris- 
diction over such waters where such offense may be com- 
mitted, in: which legal process against the offended shall be 
first served, and may be alleged and shall be conclusively 
deemed to have been committed within such county; and 
all civil process from either of the counties aforesaid may 
be executed within and upon such waters as are within the 
jurisdiction of such county above given. In the construc- 
tion of this section all wharves and piers shall be deemed 
part of the land with which they are connected. 



42 Fish and Game Laics of Wisconsin. 



FORMS FOR JUDICIAL PROCEDURE. 



Complaints. 

State of Wisconsin, ) 

- ss. 
County. \ 

, being duly sworn, says that on the day of 

, in the year 189 — , at said county, (name of 

the accused) did unlawfully set or cause to be set for him- 
self (or for another, naming him), in the waters of Lake 
Superior within one mile of the main shore thereof, and 
between the mouth of the Montreal river and the mouth of 
the St. Louis River (or in Chequamegon Bay), a seine 
(pound, gill or fyke net) contrary to the provision of sec- 
tion 13 of chapter 221 of the laws of 1895, and against the 
peace and dignity of the state of Wisconsin. 



Subscribed and sworn to 

before me this day of 

, A. D. 189—. 

Justice of the Peace. 
(This form may be used under section 14, simply vary- 
ing .the statement of offense.) 



State of Wisconsin, \ 

[■ ss. 
County. ) 

, being duly sworn, says that on the day 

of . in the year 189 — , at said county, (name 

of the accused) did set, place and use a gill net (fyke, 

pound, seine or other net or snare), in the (name the lake 

or water), being an inland water of the state of Wisconsin, 



Fish and Game Laws of Wisconsin. 43 

as defined by chapter 221, of the laws of 1895, for the pur- 
pose of catching fish, which net, so set, placed or used 
was not a dip net, contrary to the provisions of section 16, 
of chapter 221, of the laws of 1885, and against the peace 
and dignity of the state of Wisconsin. 



Subscribed and sworn to 

before me this day 

of , A. D., 189—. 



Justice of the Peace. 

(If complaint is made under this section for setting a dip 
net, then the complaint must negative the fact that it was 
set to catch whitefish between the first day of November 
and the eighth day of December, or the catching of shin- 
ers, chubs, dace, etc.) 



State of Wisconsin, ^ 

>■ ss. 
County. ) 

, being duly sworn, says that on the day of 

, in the year 189 — , at said county, (name of 



the accused) did cast, deposit or throw overboard from a 
row boat (sail or steamboat or other craft) in the (name 
the lake or water), being one of the inland waters of the 
state, as defined by chapter 221, of the laws of 1895, (or, 
into Green Bay, Sturgeon Bay or Chequamegon Bay), cer- 
tain fish offal, to-wit: contrary to sub-division 1, of 

section 18, of chapter 221, of the laws of 1895, and against 
the peace and dignity of the state of Wisconsin. 



Subscribed and sworn to 

before me this day of 

, A. D. 189-. 

Justice of the Peace. 



44 Fish and Game Laws of Wisconsin. 

State of Wisconsin, } 

- ss. 
County. i 

■ , being duly sworn, says that on the day 

of , in the j^ear 189 — , at said county, (name 

of the accused) did throw and deposit lime (tan bark, ship 
ballasts, stone, sand, cinders, ashes, slabs or decayed wood, 
or other substances deleterious to fish life, naming them), 
into (name of lake or water), contrary to the provisions of 
subdivision 2 of section 18 of chapter 221, of the laws of 
1895, the said deposit not being then and there authorized 
by any drainage or sewerage from any municipality con- 
trary to subdivision 2 of section 18 of said chapter, and 
against the peace and dignity of the state of Wisconsin. 



Subscribed and sworn to 

before me this day 

of , A. D. 189—. 



Justice of the Peace. 



State of Wisconsin, ~\ 

[-ss. 
County of ) 

, being duly sworn, says that on the day of 

, in the year 189 — , at said county, (name of the 

accused) did catch and kill a speckled or brook trout (Cali- 
fornia or rainbow trout, etc.), daring the close season, con- 
trary to the provisions of section 21, of chapter 221, of the 
laws of 1895, and against the peace and dignity of the state 
of Wisconsin. 



Subscribed and sworn to 

before me this 

day of , A. D. 189—. 



Justice of the Peace. 



Fish and Game Laws of Wisconsin. 45 

State op "Wisconsin, ~) 

vss. 

County of ) 

— , being duly sworn, says that on the day of 



, in the year 189 — , at said county, — (name of 

the accused) did have in his possession and under his con- 
trol certain fish (describing them), between the day of 

and the day of - — , being the close season, as 

prescribed by chapter 221, of the laws of 189% said fish 
not being then and there alive, all contrary to section 24, 
of chapter 221, of the laws of 1895, and against the peace 
and dignity of the state of Wisconsin. 



Subscribed and sworn to 

before me this day 

of A. D. 189—. 



Justice of the Peace. 



State'of Wisconsin,^ 

> ss. 
County of ■• ) 



■ , being duly sworn, says that on the day 

of -, in the year 189 — , at said county, (name 

of the accused) did kill, capture and take from the (naming 
the water), being one of the inland waters of this state, as 
defined by chapter 221, of the laws of 1895, a black bass 
(green bass, Oswego bass, etc.), within the close season 
for taking said fish, being between the first day of March 
and the first day of June, contrary to the provisions of 
section 22, of chapter 221, of the laws of 1895, and against 
the peace and dignity of the state of Wisconsin. 



Subscribed and sworn to 

before me this day of 

, A. D. 189—. 



Justice of the Peace. 



46 Fish and Game Laws of Wisconsin. 

State of Wisconsin, ^ 

- ss. 

County of ) 

, being duly sworn, says that on the — — day 

of , in the year 189 — , at said county, (name 

of the accused) did catch, kill and take fish (naming the 
variety if possible), in and from (naming the water), in the 
State of Wisconsin, by means of dynamite (or other explo- 
sives, naming them), contrary to subdivision 1 of section 
22, of chapter 221 , of the laws of 1895, and against the 
peace and dignity of the state of Wisconsin. 

Subscribed and sworn 1o 

before me this day of 

, A. D; 189—. 



Justice of the Peace. 



State of Wisconsin, ~) 

- ss. 
County of ) 



, being duly sworn, says that on the day 

of , in the year 189 — , at said county, (name 

of the accused) did kill, capture and take (or pursue with 
intent to kill, capture and take or worry) a deer (buck, 
doe or fawn) between the twenty- first day of November 
and the succeeding first day of November in the following 
year, being the close season, as defined by section 23, of 
chapter 221, of the laws of 1895, contrary to the statute in 
such case made and provided, and against the peace and* 
dignity of the state of Wisconsin. 



Subscribed and sworn to 

before me this day 

of , A. D. 189—. 



Justice of the Peace. 



Fish and Game Laivs of Wisconsin. 47 

Affidavit — For Arrest, for Transporting Fish or Game. 

State of Wisconsin, ~\ 

y ss. 

County of ) 

, being duly sworn and examined on oath by 



and before me, the undersigned justice of the peace in and 

for said county, makes complaint and says that 

heretofore, to- wit: On the day of , 189 — , at , 



county of , state of Wisconsin, incurred a forfeiture of 

the sum of one hundred dollars, according to the provis- 
ions of subdivision 13 of section 4L of chapter 221, of the 
laws of Wisconsin for the year 1895, by then and there 
transporting fish, caught in the waters of the state of Wis- 
consin, to-wit: Speckled trout, between the twentieth day of 
August, 189 — , and the fifteenth day of April next succeed- 
ing, being within the close season for catching said fish, 
as prescribed in chapter 221, of the laws of 1895 of said 
state, and not within the first three days of said close sea- 
son, said speckled trout not being raised in a private 
hatchery or branded as such, contrary to subdivision 1 of 
section 27 of chapter 221, of the laws of Wisconsin for the 

year 1895, and that the said is now indebted to 

the state of Wisconsin in the said sum of one hundred dol- 
lars, for the violation of the provisions of law above men- 
tioned. 

Wherefore, the complainant demands that a civil war- 
rant be issued against the body of the said and 

that he be arrested according to law. 



Subscribed and sworn to 

before me, this day of 

— — , A. D. 189—. 



Justice of the Peace. 

(This form of affidavit should be used for the purpose of 

obtaining a warrant of arrest from a justice of the peace 

for a violation of section 27, chapter 221, laws cf 1895, for 

transporting fish or other game and must be varied to suit 



48 Fish and Game Laws of Wisconsin. 

the circumstances of every particular case. It should state 
the section and sub-division under which the offense is 
claimed to have been committed, and the beginning and end 
of the close season, negativing also that it is within the 
first three days of that season. The warrant of arrest 
next following should state the offense in the same manner 
as the affidavit. Afber the arrest and the prisoner is in 
court the complaint should be filed in form as found 
herein, next after the form of warrant, varying the allega- 
tions to correspond with the affidavit for arrest. This set 
of papers is to be used only for a violation of section 27. 
In all other cases the proceeding is a criminal prosecu- 
tion.) 



Civil Warrant for Arrest, for Transporting Fish or Game. 

County of ) 

[■ ss. 

Town of ) 

The state of Wisconsin, to the Sheriff or any Constable of 
said county : 

Whereas, has this day complained in writing 

to me on oath that did on the day of , 189 — , 

at , county of , in the state of Wisconsin, incur a 

forfeiture according to the provisions of sub-division 13, 
of section 41, of chapter 221, of the laws of Wisconsin for 
the year 1895, by then and there transporting fish, caught 
in the waters of the state of Wisconsin, to wit: Speckled 
trout, between the twentieth day of August, 189-, and the 
fifteenth day of April next succeeding, being within the 
close season for catching said fish, as prescribed in chap- 
ter 221, of the laws of 1895, of said state, and not within 
the first three days of said close season, said speckled trout 
not being raised in a private hatchery or branded as such 
contrary to sub-division 1, of section 27, of chapter 221, of 

the laws of Wisconsin for the year 1895, and said is 

now indebted to the said state of Wisconsin in the sum of 



Fish and Game Laws of Wisconsin. 49 

one hundred dollars, by reason of the violation of the pro- 
visions of law above mentioned. 

Now therefore, you are hereby commanded to take the 

body of ■ — if to be found within your county, and 

bring him forthwith before the undersigned justice of the 

peace in and for said county, at my office in said ■ to 

answer unto the said state of Wisconsin to its damage two 
hundred dollars or under; and you are commanded to give 
due notice thereof to the plaintiff. Hereof fail not at your 
peril. 

Given under my hand, at this day of , A. 

D. 189-. 



Justice of the Peace. 



Complaint for Transporting Fish or Game. 

The State of Wisconsin, ~] County of - 

Plaintiff, 



against [ 



Defendant. 



In Justice's Court, 
Before 



Justice of the Peace. 



The above named plaintiff complains of the above named 
defendant and alleges that said defendant is indebted to 
the plaintiff in the sum of • one hundred dollars for a for- 
feiture incurred for the violation of subdivision 1 of sec- 
tion 27, of chapter 221, of the laws of Wisconsin for the 
year 1895, and subdivision 13 of section 41 of said chapter 
221, by then and there transporting fish caught in the 
waters of the State of Wisconsin, to-wit: Speckled trout, be- 
tween the twentieth day of August, 189 — , and the fifteenth 
day of April next succeeding, being within the close sea- 
son for .catching said fish, as prescribed in chapter 221 of 
the laws of 1895 of said state, and not within the three 
4 



50 Fish and Game Laius of Wisconsin. 

first days of said close season, said speckled trout not 
being raised in a private hatchery or branded as such. 

Wherefore, the plaintiff demands judgment against the 
defendant for said sum of one hundred dollars, according 
to the provisions of subdivision 1 of section 27, and subdi- 
vision 13 of section 41, of chapter 221, of the laws of Wis- 
consin for the year 1895, together with the costs of this 
action. 

To be signed by the district attorney of the county in 
which the offense was committed. 



Complaint for unlawful possession. 



State of Wisconsin, ) 

[■ ss. 
County. ) 



— ■ — , being duly sworn, says that on the day 

of , in the year 189 — •, at said county, — ■ (name 

of the accused) did have in his possession a whitefish of 
less than one and one-half pounds in weight, said whitefish 
being taken from the (name the lake or water), being one 
of the outlying waters of the state, as defined by chapter 
221, of the laws of 1895, contrary to subdivision 1 of sec- 
tion 12 of said chapter, and against the peace and dignity 
of the state of Wisconsin. 



Subscribed and sworn to 

before me this day 

of , A. D. 189—. 

Justice of the Peace. 
(This form may be used for any offense under section 12 
except to vary the statement of the offense, under subdi- 
visions 2 and 3.) 



INDEX. 



Page. 

Artificial propagation not affected 26 

Attempted violation 26 

Beaver Creek 29 

Birds, harmless, protected 23 

Boundary waters, jurisdiction over 41 

Bro tvn county 28 

Car, fish 6 

Chequamegon Bay 14, 16, 17, 18 

Commissioners of fisheries 3, 4, 5, 9, 27, 35 

Confiscation of fish, game and apparatus 10, 12, 19 

Counsel, special, to assist in prosecution 30, 34 

Counties, expenses chargeable to 12 

Crabs protected 28 

Court, discretion of 32 

Dealers, must inform 24 

Deer 21 , 26 

De Neveu, Lake 27 

Deputy fish and game wardens 9, 10, 11, 12, 19, 27, 32 

Detroit Harbor 13 

Devils Lake 29 

Discretion of trial court ... 32 

Door county 21,28 

Eggs, impregnation of 16 , 17 

Fines and forfeitures , 30, 31 

disposition of 32 

Fish, unlawfultaking of 19, 20 

unlawful possession of 23 

unlawful sale of . . 24 

unlawful transportation of 24 

for scientific purposes 26 



52 Fish and Game Laics of Wisconsin. 

Page. 

Fi9hways 6, ?5 

Forms 42, 43, 44, 45, 46, 47, 48, 49, 50 

Fur bearing animals 23 

Game 21, 22, 23 

unlawful possession of 23 

unlawful sale of 24 

unlawful transportation of 24 

for scientific purposes 26 

parts of 26 

Green Bay 15,16,17,18,28,40 

Guns, use of certain, prohibited « 22 

Hotels, affected . 23 

Informers 10, 24 

Inland waters 16, 35, 37, 40 

Jackson county 29 

Kewaunee county 28 

Liability, none incurred under certain circumstances 19, 27 

Marinette county 28 

Mill creek 29 

Nets 13,14,15,16,17,18 

Night-time defined 39 

Nuisances, public 18, 19 

Oconto county 28 

Outlying waters 12, 13, 14, 15, 16, 17 

Package of fish, size of 25 

Parks, birds protected in 39 

Pecatonica river 29 

Pheasants, certain varieties protected^for five years 22 

Pigeons, homing, protected 23 

Pollution of waters 15 , 17 

Private hatchery, use of brand of 25 

Private waters 13 

Public waters, meandered lakes declared 37 

Publication of laws 32 



Fish and Game Laws of Wisconsin. 53 

Page. 

Rabbits, hunting with dogs prohibited during certain seasons 21 

Reports 32, 33 

Rush Lake exempted 28 

Sale of fish and game unlawful 24 

Search warrant 11 

Screens , 19 

Sheboygan county '. 28 

Signs, warning, near fish ways 6 

Small fish, possession of, prohibited 14,24 

State fish and game warden 7, 19, 27, 30, 32, 34 

Sturgeon Bay.. 13, 15, 16, 17, 18 

Superintendent 6 

Superior, Lake 12, 13, 14, 15, 16 

Trout, lake 16 

Trout 13, 19, 20 

Waters, state stocked to be open 27 

See Outlying, Inland. 
Wilson Creek 29 



FISH AND GAME LAWS 



WISCONSIN 



IN EFFECT JUNE 30, 1897. 



COMPILED UNDER DIRECTION OE 

JAMES T. ELLARSON, 

STATE FISH AND GAME WARDEN. 




mm of 

REGEIVE& 

"marb-.-koi 

DIVISION OF DOCIHIEKTS 



MADISON 

Democrat Printing Company, State Printer 

1897 



FISH AND GAME LAWS 



WISCONSIN 



IN EFFECT JUNE 30, JS97. 



COMPILED UNDER DIRECTION OE 

JAMES T. ELLARSON, 

STATE FISH AND GAME WARDEN. 



MADISON. : 
Democrat Printing Company, State Printer 

1897 



ORGANIZATION OF FLSH AND GAME 
DEPARTMENT. 



THE COMMISSIONERS OF FISHERIES. 

The Governor, Ex-officio, Madison. 
Edwin E. Bryant, President, Madison. 
Calvert Spensley, Treasurer, Mineral Point. 
Jas. J. Hogan, La Crosse. 
William J. Starr, Eau Claire. 
Currie G. Bell, Bayfield. 
E. A. Birge, Madison. 
Henry D. Smith, Appleton. 



STATE FISH AND GAME WARDEN. 

James T. Ellarson, Madison. 



SPECIAL DEPUTY FISH AND GAME WARDENS 

C. W. Johnston, Oshkosh. 

F. M. Bissinger, Green Bay. 
J. W. Stone, Barron. 

G. L. Miller, Prairie du Chien. 
W. G. Links, Oconto. 



Information concerning violations of the law relating to fish, and game 
may be given either of the special deputy wardens. 

WAR 9 1901 
D.ofD, 



TABLE OF CONTENTS. 



PART I. 

Paragraphs. 
The commissioners of fisheries, and the state fish hatcheries 1-15 



PART II. 

The state fish and game warden and his deputies 16-26 

PART III. 

License for hunting deer 27-39 

PART IV. 

The taking, possession, use, transportation and sale of fish and 
game 40-91 

PART V. 

Laws relating to fish in certain localities 92-100 

PART VI. 

General laws which may be applicable in applying the foregoing 

provisions 101-101 



FISH AND GAME LAWS 

OF WISCONSIN. 



PART I. 1 



The Commissioners of Fisheries, and the State Fish 

Hatcheries. 

1. Board of, how composed. [Sec. 1, ch. 222, laws of 
1897.] There is constituted a board of seven commission- 
ers of fisheries, composed as follows, and to be styled " The 
Commissioners of Fisheries:" 

1. The governor while in office. 

2. Six commissioners to be appointed by him, and with 
the consent of the senate. 

3. The professor of zoology of the university of Wiscon- 
sin, for the time being, shall be ex-officio a member of said 
commission. 

2. Appointments, terms, vacancies. [Sec. 2, ch. 222, 
1897.] The terms of appointment of the six commissioners 
shall be six years, and until their successors are appointed. 
The appointments shall be made by the governor and re- 
ported to the senate as soon as practicable, and in case the 
senate is not in session, the commissioners shall act from 

J This part is composed of ch. 222, laws of 1897, which was published 
April 15, 1897, and of ch. 132, laws of 1897, (in paragraphs 12-15), which 
was published April 1, 1897. Both chapters took effect from and after 
their publication. 



2 Fish and Game Laws. 

and after the date of appointment, and in the order n 
which vacancies upon the board of commissioners shall 
occur. The governor shall appoint one commissioner for 
one year; one for two years; one for three years; one for 
four years; one for five years; and one for six years, and 
after such vacancies shall have been filled by such appoint- 
ments in such order the appointments of the succeeding 
members of the commission shall be for the term of six 
years each. The terms of the present commissioners shall 
continue the same as if this acfc had not been passed. The 
governor shall fill all vacancies by appointment, the per- 
son so appointed to hold for the residue, of the term only. 

3. Officers; executive committee; meetings; expenses. 
[Sec. 3, ch. 222, 1897.] The organization of the board shall 
be as follows: One of the members shall be chosen as 
president, one as treasurer and one as secretary. The 
president, treasurer and secretary shall constitute an ex- 
ecutive committee of said board, which committee shall 
have power to act in all matters pertaining to the propa- 
gation of fish, in the absence of the board, under the re- 
strictions, rules, and regulations as may be prescribed by 
the by-laws adopted by such board. The secretary shall 
act as secretary of the board and keep its records. They 
may choose, from their number, such officers as their by- 
laws provide for. They may meet at such times and places 
as they by their by-laws may prescribe, and appoint such 
committees and delegate to them such duties, under the 
power and direction of the commissioners, as they deem ex- 
pedient. The commissioners shall receive no compensa- 
tion, but each shall be reimbursed his actual expenses, cer- 
tified by him with a statement of items to be actually and 
necessarily incurred in the performance of his official 
duties, out of such appropriation as may be made by the 
legislature. 

4. Room; stationery, postage and printing. LSec. 4, 
ch. 222, 1897.] The commissioners shall be furnished a 



Fish and Game Laws. 3 

suitable room in the capitol for an office, and suitable fur- 
niture therefor. The superintendent of public property 
shall furnish sufficient stationery for the use of the com- 
mission; and all postage and printed blanks necessary for 
the use of the commissioners of fisheries shall be supplied 
as now furnished to the several departments of the govern- 
ment in the capitol. 

5. Board's duties and powers. [Sec. 5, ch. 222, 1897.] 
The commissioners of fisheries shall have general charge 
of the following public matters, and necessary powers 
therefor : 

1. The propagation and breeding of fish of such .species 
and varieties as they deem of value to the people of the 
state. 

2. The collection and diffusion of such information as 
they deem useful in regard to the propagation and preser- 
vation of fish. 

3. The government 'and control, supply and repair of 
the state hatcheries, the grounds used therefor, whether 
owned or leased, the buildings, ponds, apparatus and all 
other property belonging to or held by the state for the 
propagation of fish. 

4. The purchase anc establishment of new hatcheries in 
like manner, when appropriation shall be made by law to 
maintain the same. 

5. The receiving from the commissioner of fisheries of 
the United States and the commissioners of fisheries of 
other states, or other persons, of all spawn, fry or fish do- 
nated to the state ^or purchased, and in the most practical 
ways, by exchange or otherwise, to procure, receive, dis- 
tribute and dispose of spawn and fish; and to take 
such other measures as shall in their judgment best pro- 
mote the abundant supply of food fishes in the waters of 
the state. 

6. The propagation of Chinese pheasants and such 
other fowl and other game as they may deem advisable; and 



4 Fish arid Game Laws. 

are authorized to expend out of their annual appropriation 
a sum not to exceed fifteen hundred dollars during the en- 
suing two years; and such other matters as are now, or 
may be committed to them by law with all powers neces- 
sarily incident to their due execution, 

7. They shall report in January in each year, to the leg- 
islature, their transactions for the two preceding fiscal 
years ending the preceding thirtieth day of September. 

0. Superintendent of fisheries, appointment and duties, 
[Sec. 6, ch. 222, 1897.] The commissioners of fisheries 
shall appoint, and may remove at pleasure, a superintend- 
ent of fisheries at a salary of not exceeding two thousand 
dollars per annum, and one assistant to be appointed at 
such salary as the board may fix. The commissioners may 
permit the superintendent or assistant or any employe to 
occupy such of the tenement houses at the hatcheries, and 
such grounds therewith as they deem reasonable. The 
duties of such superintendent shall be under the direction 
of the commissioners: 

1. To superintend the receiving and hatching of spawn, 
its proper care and distribution, and the care of the 
property. 

2. To direct the running and use of the fish car, and its 
care, repair and preservation. 

3. To care for the property of the several hatcheries, 
keep a proper inventory thereof, together with the cost of 
each article. • 

4. To keep a careful account in detail and separately of 
the expenses of each of the hatcheries, the distribution of 
the fish, and the collection of wild fish and their distribu- 
tion, of maintaining and of repairs upon the fish car, and 
of such improvements and repairs as may from time to 
time be ordered. For such expenses, when audited and 
allowed pursuant to the by-laws of the commission, he 
shail be reimbursed by the treasurer of the commissioners. 

5. To perform such other duties as may be prescribed by 
the commissioners. 



Fish and Game Laws. 5 

7. Taking: fish, manner of; disposal of injured. [Sec. 
7, cb. 222, 1897.] The commissioners of fisheries shall 
have power and are authorized to take fish at all seasons 
of the year from the inland and outlying waters of the 
state for stocking other waters or for the purpose of se- 
curing eggs for artificial propagation; provided, however, 
that no such fish shall be taken except in the presence of 
and under the direction of the superintendent of fish- 
eries, or his agent, authorized in writing by such superin- 
tendent or authorized agent himself; and in such instance, 
such superintendent or agent shall be provided with tanks 
or other appliances suitable for keeping the fish alive. 
Such fish as are caught as provided in this section which 
may die while held in confinement, or be injured to such 
an extent as will in the opinion of the superintendent or 
his agent result in death if the fish is returned to the 
water, shall be shipped to some charitable institution, and 
a careful record of the same, as provided herein, shall be 
kept by the superintendent of fisheries, and such record 
shall be published in the biennial report of the commis- 
sioners of fisheries. 

8. Delivery of fish to superintendent, entry of boats, 
etc.— Penalty. [Sec. 8, ch. 222, 1897.] 1. It shall be the 
duty of any person, persons, or corporation, fishing in the 
inland or outlying waters of this state to deliver, on de- 
mand, to the superintendent of fisheries or any person de- 
putized in writing by him, all kinds of fish during the 
spawning season for the purpose of being stripped of their 
eggs and milt. And the person receiving them or placed 
in charge of them shall, immediately after having stripped 
the fish, leturn them to the person from whom received, 

2. Any such person, persons or corporation shall also 
permit such superintendent or his agent authorized by this 
section to enter their boats, docks, grounds or other places 
where such fish may be, for the purpose of stripping the 
same while alive, and shall render such assistance as may 



G Fish and Game Laws. 

be necessary to expedite the work of the mixture of the 
eggs and milt for proper impregnation. 

3. Any person, persons or corporation who shall recuse 
to comply with all the provisions of this section shall be 
deemed guilty of a misdemeanor and shall be punished by 
a fine of not less than fifty dollars for each offense or re- 
fusal. 

9. Penalty for taking fish other than as ordered. LSec. 
9, ch. 222, 1897.] It shall be unlawful for any employe of the 
fish commission, while engaged in catching wild fish from 
the public waters for the purpose of artificial propagation, 
to have in his possession any other kinds of fish than 
those he has been directed to take by the superintendent 
of fisheries, or his agent, duly authorized in writing. For 
violation of any of the provisions of this section the of- 
fender shall be punished by a fine of not less that twenty- 
five dollars nor more than fifty dollars, and removal from 
office or any position he may hold under or by the author- 
ity of the commissioners. 

10. Removal of fish or eggs from state. [Sec. 10, ch. 
222, 1897.] It shall be unlawful for any person or persons 
to come into this state for the purpose of getting fish eggs 
or fish of any variety from the inland and outlying waters 
to be transported alive beyond the borders of the state, 
without first getting a permit from the president of the 
commissioners of fisheries to do so. For violations of any 
of the provisions of this section, the offender shall be fined 
not less than fifty dollars. 

11. Fish not to he supplied for private use. [Sec. H» 
ch. 222, 1897.] The state fish commission, or its agents 
or its employes are prohibited from furnishing fish or fry 
from the state hatcheries to private ponds, private clubs, 
corporations or preserves, or waters where the public are 
not allowed the same rights and privileges enjoyed by any 
other person or persons. 

12. Entering hatchery for unlawful purpose. [Sec. 1 
ch. 132, 1897.] Any person who shall enter upon the 






Fish and Game Laivs. 7 

grounds of any state fish hatchery for the purpose of unlaw- 
fully killing [or] taking any fish therefrom, shall be deemed 
guilty of a misdemeanor, and on conviction, punished by a 
fine of not less than ten nor more than twenty-five dollars, 
or by imprisonment not less than ten nor more than thirty 
days, in the discretion of the court. 

13. Killing or taking- fish in hatchery. [Sec. 2, ch. 132, 
1897.] Any person who shall unlawfully, and without 
proper authority, kill, take or catch any fish from any 
waters or grounds belonging to or connected with any state 
fish hatchery shall be deemed guilty of larceny, and on 
conviction, punished as provided in section four thousand 
four hundred and fifteen (4415) of the revised statutes as 
amended. 

14. Injury to property of hatchery. [Sec. 3, ch. 132, 
1897.] Any person who shall injure any fish, or in any 
manner interfere harmfully with the ponds, streams, troughs 
or other property of a state fish hatchery, without lawful 
authority so to do, shall be deemed guilty of a misdemeanor, 
and on conviction be punished by fine of not less than 
five dollars nor more than one hundred dollars; but this 
section shall in no wise change or affect any liability for 
arson or other burnings, nor burglary or other breakings, 
nor larceny of any property. 

15. Arrest, who may make. [Sec. 4, ch. 132, 1897.] 
The superintendent, or other person in charge of any fish 
hatchery is hereby empowered and required summarily 
and without process to arrest any person found upon the 
grounds of any state fish hatchery, engaged in the viola- 
tion of this act, and to deliver such person forthwith to 
some proper officer for prosecution. 



Fish and Game Laivs. 



PART II. 1 

The State Fish and Game Warden and His Deputies. 

16. Appointment, duties and term of warden. [Sec. 1, 

ch. 226, 1897.] It shall be the duty of the governor, as 
soon as practicable after the passage of this act, to appoint 
an officer to be known as state fish and game warden, 
whose duty it shall be to secure the enforcement of all the 
statutes of the state for the preservation of fish and game, 
to bring or cause to be brought actions and proceedings 
in the name of the state of Wisconsin, to recover any and 
all fines and penalties provided for in said laws, and to 
punish all violations of said statutes. Such fish and game 
warden shall hold his office for the term of two years from 
the date of his appointment, and until his successor has 
been appointed and is duly qualified; and any vacancy oc- 
curring during said term may be filled by the governor 
for the residue of said term. 

17. Special deputy wardens, appointment and removal 
of. [Sec. 2, ch. 226, 1897.] The said state fish and game 
warden is empowered to appoint, by and with the approval 
of the governor, five special deputy wardens, who shall 
have iike authority with the state fish and game warden in 
the enforcement of the laws of the state relative to fish 
and game. Such special fish and game wardens may be 
removed at any time and their places filled in like manner 
as at the original appointment. 

18. Appointment and removal of comity deputies. [Sec. 
3, ch. 226, 1897.] The state fish and game warden is au- 

1 This part comprises ch. 226, laws of 1897, which was published April. 
14, 1897, and took effect from and after its passage and publication. 



Fish and Game Laws. 9 

thorized to appoint, upon the recommendation of the county 
judge, district attorney and county clerk of each county, 
acting jointly, two deputy fish and game wardens for each 
county; and the said county judge, district attorney and 
county clerk shall, on or before the first day of June in 
each year, advise the state fish and game warden of their 
selection, and such persons, if satisfactory to the state fish 
and game warden, shall be by him commissioned deputy 
fish and game wardens. These deputy fish and game war- 
dens are subject to removal by the state fish and game 
warden at any time, and upon their removal the said state 
fish and game warden shall immediately advise the county 
judge, district attorney and county clerk of such removal, 
and the said officers so named shall meet and recommend 
some suitable person to fill the vacancy in like manner as 
the original recommendation is made. Two of the officers 
herein named shall be authorized to make the recommen- 
dation in case it is not possible for them to agree, or for 
any reason the attendance of one of the officers cannot be 
obtained at the time of the making of the selection. 

19. Attorney general's duty. [Sec. 4, ch. 226, 1897.] It 
is hereby made the duty of the attorney general and his 
assistants to advise the state fish and game warden relative 
to matters concerning the discharge of his duties, and to as- 
sist him in the enforcement of the fish and game laws, to as- 
sist in the prosecution of cases arising under such laws or 
in which the state fish and game warden or deputy fish and 
game wardens shall be interested as such officers, and to 
conduct prosecution when for any reason the state fish and 
game warden shall deem such prosecution necessary; to as- 
sist the state fish and game warden in the investigation of 
matters relative to the laws protecting fish and game and 
the violations of such laws, and to assist the state fish and 
game warden in such manner and at such times as shall be 
necessary. 

20. Warden and deputies may serve process, make ar- 
rests^ etc. [Sec. 5, ch. 226, 1897.] Such state fish and 



10 Fish and Game Laics. 

game warden and his deputies shall have full power and 
authority to execute and serve all warrants and processes 
of law issued by any justice of the peace or police magis- 
trates, or by any court having jurisdiction under any law 
relating to fish and game in the same manner as any con- 
stable may serve and execute and serve such process, and 
may arrest on sight and without warrant any person by 
them detected in actually violating any of the provisions 
of the laws of this state relating to fish and game, and 
may take such person, so offending, before any court hav- 
ing jurisdiction of the offense, and make proper complaint 
before such court, which shall proceed with the case in 
the manner and form provided by law. It shall further be 
the duty of such fish and game warden or his deputy, upon 
receiving information that any law relative to fish and 
game has been violated, to immediately cause a thorough 
investigation of such complaint to be made and to cause 
proceedings to be instituted if the proof at hand warrants. 
Such state fish and game warden and his deputies shall 
have the power to seize and forthwith destroy any and all ap- 
paratus designated by any law of the state relative to fish 
and game to be a public nuisance. It shall be the duty of 
the said state fish and game warden and his deputies to seize 
and confiscate in the name of the state any fish or game 
caught, killed or taken in violation of any of the laws of 
the state, or had in possession contrary thereto, and to sell 
the said fish and game so seized and confiscated, and after 
selling the same at public auction to pay the proceeds to 
the state treasurer, less the expenses of such seizure and 
sale. It shall be the duty of the state fish and game warden 
or his deputy to seize and hold, subject to the order of the 
court, all apparatus which he shall have reason to believe 
is being used in the violation of the fish and game laws of 
the state, and which is not designated by any law as a 
public nuisance, and if it be proven that such apparatus 
■or appliance or device is or has been within six months 



Fish and Game Laivs. 11 

previous to such seizure, used in violation of the law, the 
court before which the said apparatus, appliance or device 
is taken may order the destruction of the same, or the sale 
of the same to the highest bidder, after having declared it 
confiscated to the state. If sold to the highest bidder, the 
state fish and game warden or the deputy warden selling 
it shall remit to the state treasurer the amount received 
therefor, less the expense of seizure and sale. 

21. Police officers are ex-officio deputy wardens; their du- 
ties. LSec. 6, ch. 226, 1897.] All sheriffs, deputy sheriffs, 
coroners and police officers of the state are hereby declared 
to be ex-officio deputy fish and game wardens, and it shall 
be the duty of each and every one of them to assist the 
state fish and game warden or his deputies in the enforce- 
ment of the state fish and game laws, the same as it is 
their duty to assist in the enforcement of other laws of the 
state, upon complaint being to them made that a violation 
-of law has been brought to the attention of the state 
fish and game warden or his deputy. 

22. Duty of district attorneys. [Sec. 7, ch. 226, 1897.] It 
shall be the duty of the district attorney of each county to 
prosecute actions for violations of the laws relative to fish 
and game, when complaint is made by the state fish and 
game warden, or any deputy provided for in this act, if his 
presence at the trial of such offender against such laws 
shall be deemed necessary by. the magistrate before whom 
the same shall be brought. 

23. Warden's and deputj warden's compensation. [Sec. 
8, ch. 226, 1897.] Such state fish and game warden shall 
receive a salary of eighteen hundred dollars per year, pay- 
able monthly, and his actual expe^es and disbursements 
while traveling in the line of his duties, such expenses and 
disbursements to be audited and paid upon vouchers there- 
for filed with the secretary of state and approved by the 
-governor. He shall also be allowed the necessary print- 
ing, stationery and postage, and shall be furnished 



12 Fish and Game Latvs. 

a suitable room in the capitol for an office. The special 
wardens provided for in this act shall receive a per diem 
to be fixed by the state fish and game warden bj T and with 
the approval of the governor, which per diem shall only 
include pay for such days as such deputy shall be under 
the direct order of the state fish and game warden, to per- 
form services in the enforcement of .the fish and game laws, 
and. upon certificate of the state fish and game warden that 
such services have been actually rendered at his instance 
and. under his direction. In addition to the per diem pro- 
vided for such special deputy wardens they shall receive 
the actual and necessary expenses incurred while working 
under the direction of the state fish and game warden, 
which expenses shall be paid upon vouchers therefor filed 
with the secretary of state and approved by the governor 
and countersigned by the state fish and game warden. The 
deputy fish and game wardens appointed in any county 
shall be paid out of the funds of the county for which they 
shall be appointed out of any fund set apart for the pur- 
pose of enforcing the fish and game laws by virtue of this 
or any other law of this state; the compensation of such 
county deputy wardens to be fixed by the chairman of the 
county board and county clerk of such county. 

24. Fines, how disposed of. [Sec. 9, ch. 226, 1897.] 
The fines imposed under the laws regulating the taking, 
possession or killing or transportation of fish and game 
shall be paid by the magistrate, before whom the matter 
shall have been tried and the fine imposed, to the county 
treasurer, and one-half of such fines shall be by him desig- 
nated and set apart as a fund for the protection of fish and 
game, to reimburse the county for the moneys which it 
shall expend for the salaries of the county deputy fish and 
game wardens and for the enforcement of the fish and game 
laws. 

25. Repealing clause. TSec. 10, ch. 226, 1897.] All acts 
or parts of acts inconsistent with this act are hereby re- 



Fish and Game Laivs. 13 

pealed, but this act shall not be construed to vacate the of- 
fice of state fish and game warden, but the present incum- 
bent of that office shall hold until his successor is appointed 
and qualified. 

26. Appropriation. [Sec. 11, ch. 226, 1897.] There is 
hereby appropriated out of any moneys in the state treasury 
not otherwise appropriated, a sum of money sufficient to 
carry out the purposes of this act. 



14 Fish and Game Laws. 



PART III.' 

License for Hunting Deer. 

27. Penalty for hunting deer without license. [Sec. 
1, ch. 221. 1897.] It shall be unlawful for any person to 
pursue, hunt or kill deer in the state of Wisconsin at any- 
time without being at the time of such pursuing, hunting 
or killing of deer, in possession of a license duly issued to 
him in accordance with the provisions of said [this] act. 
Any person who shall pursue, hunt or kill deer without be- 
ing at the time of such pursuing, hunting or killing, in 
possession of a license duly issued to him in accordance 
with the provisions of this act, which license shall cover 
the period in which he shall be so pursuing, hunting or 
killing deer, shall, upon conviction, be punished by a fine 
of not less than fifty dollars nor more than two hundred 
dollars, or by imprisonment in the county jail not less than 
two months nor more than nine months, or [by] both such 
fine and imprisonment in the discretion of the court. 

Form of Complaint. 

State of Wisconsin, ) 
County of . 5 ss> 

, being duly sworn, says that on the — day of , in the- 

year 189-, at said county, (name of the accused) did pursue, 

(hunt or kill) or pursue, hunt and kill deer, without at such time being in 

possession of a license authorizing him, then and there, to pursue, (hunt 

or kill) deer, contrary to the provisions of section 1, of chapter 221, of the 

laws of said state for 1897, and against the peace and dignity of the state- 

of Wisconsin. 

Subscribed and sworn to before me 
this day of , A. D. 189-. 



Justice of the Peace. 



1 This part is composed of ch. 221, laws of 1897, which was published 
April 14, 1897, and took effect from and after its passage and publication. 



Fish and Game Laws. 15- 

28. Licenses, how issued; record of. [Sec. 2, ch. 221, 
1897.] It shall be the duty of the secretary of state to 
issue the licenses hereinafter provided for in this act, in 
the manner and under the conditions prescribed therefor. 
All licenses shall be countersigned by the state fish and 
game warden when issued to other persons than those 
designated as residents of Wisconsin as hereinafter pro- 
vided for. All fees for non-residents of the state of Wis- 
consin, collected as and for license for the hunting of deer 
as provided for in this act, shall be paid to the secretary 
of state previous to the issuing of the license, and shall be 
by the said secretary of state paid into the state treasury. 
The secretary of state shall procure the printing of said 
licenses in the same manner and subject to the same con- 
ditions that other printing for the state of Wisconsin is ob- 
tained. A record of the licenses issued, together with the 
number thereof and the name of the person to whom the 
same are issued, shall be kept in the office of the state fish 
and game warden, when such licenses shall have been is- 
sued by said secretary of state to non-residents of the state 
of Wisconsin. All licenses for persons who are residents 
of the state of Wisconsin shall be numbered consecutively 

. by the secretary of state at the time the same shall be is- 
sued, and shall be by said secretary of state furnished to 
the county clerks of the several counties of the state here- 
inafter designated as counties frequented by deer. The 
county clerks shall issue the same upon the terms and con- 
ditions herein provided. 

29. Terms of license — Transportation of deer. [Sec. 
3, ch. 221, 1897.] Each said license for the pursuing, hunt- 
ing or killing of deer shall state for what period the same- 
shall be granted and shall be valid for no other period, and 
shall not be valid for any time or season except the time 
or season which the laws of this state shall designate as 
the open season for the killing of deer, or time when the 
pursuing, hunting or killing of the same shall not be pro- 



16 Fish and Game Laws. 

hibited. Each such license when issued shall state the 
number thereof, the name of the person to whom granted, 
the place of residence of such person. In addition thereto 
said license shall contain such other information or feat- 
ures as may be deemed advisable by said secretary of state 
and state fish and game warden to identify the licensee or 
more perfectly guard against violations of law. The licenses 
issued by the secretary of state to persons not residents of 
the state of Wisconsin shall distinctly state that the said 
licensee is a non-resident of the state of Wisconsin. Those li- 
censes prepared by the secretary of state for issuance to resi- 
dents of the state of Wisconsin by county clerks, shall dis- 
tinctly state that the licensee to whom the same is issued 
is a resident of the state of Wisconsin. All coupons or 
stubs herein provided for shall contain this information 
conspicuously. Each license issued by the county clerks 
to residents shall be provided with two stubs each, indi- 
cating the number of the license, to whom granted, the 
residence of the licensee, and such other information as 
may be called for by the said stubs when prepared by said 
secretary of state and state fish and game warden. One 
of such stubs shall be detached by said county clerk so 
issuing the license in accordance with the provisions of 
this act, and shall be sent to the state fish and game war- 
den by said clerk; the second stub shall be retained in the 
office of said county clerk and become a part of the records 
of said office. Each said license so issued by said county 
clerk shall be provided with two coupons attached thereto, 
which coupons shall contain the number of the license to 
which it is attached, shall state that the holder of such li- 
cense is a resident of the state of Wisconsin, and shall 
give the name of the licensee and place of residence, 
and such other information as may be required by 
the secretary of state or state fish and game warden. 
Each license issued to a person not a resident of the 
state of Wisconsin shall be provided with two coupons, 



Fish and Game Laws. 17 

containing the essential information of the license and such 
other information as the secretary of state or state fish 
and game warden shall require, and particularly stating 
that the licensee is a non-resident of the state of Wisconsin. 
No transportation company, its agent, servant or employe, 
shall receive for transportation any carcass of a deer, or 
part of a carcass of a deer, unless the same shall have one 
coupon from a license issued under the provisions of this 
act attached to each such carcass of a deer or part of a 
carcass of a deer. And each and every transportation com- 
pany, its agents, servants or employes, is hereby prohib- 
ited from receiving for transportation or transporting any 
carcass of a deer or part of a carcass of a deer except un- 
der the conditions herein provided, to wit: A coupon from 
either a resident or non-resident license will entitle a trans- 
portation company, its agents, servants or employes, to re- 
ceive for transportation and transport a carcass of a deer 
or part of a carcass of a deer to which one such coupon 
shall be attached; no coupon so attached shall authorize 
the transportation company, its agents, servants or em- 
ployes to receive for transportation or transport any car- 
cass of deer or part of a carcass of deer a.t a time when 
the laws of the state shall declare it to be unlawful to pur- 
sue, hunt or kill deer. Any transportation company, its 
agent, servant or employe, who shall violate any of the 
conditions and provisions of this act, or who shall trans- 
port or receive for transportation any carcass of a deer or 
part of a carcass of a deer except as herein authorized, 
shall, upon conviction thereof, forfeit to the state of Wis- 
consin a sum of money not less than one hundred dollars 
nor more than five hundred dollars. 

Forms. The forms given under paragraph 78 may be adapted to use 
under this section, care being taken to substitute the language here used 
in place of that employed in that paragraph, and to change the references. 

30. License fee for non-resident; application. [Sec. 4, 
ch. 221, 1897.] Each and every person not a resident of 
2-F. & G. 



18 Fish and Game Laws. 

tlie state of Wisconsin, and who has not resided in the said 
state of Wisconsin for a period of one year previous to the 
opening of the season for the hunting of deer in any year, 
shall be entitled to a license for the pursuing, hunting or 
killing of deer in the state during the season which the 
law says shalLpermit the hunting, pursuit or killing of deer, 
upon the payment by such a person not a resident of Wiscon- 
sin, as aforesaid, to the secretary of state of the state of Wis- 
consin, the TJ.m of thirty dollars. The application for license 
so made to the secretary of state shall state the residence 
of the licensee, the person to whom the same shall 
be issued. Such application shall be verified by the appli- 
cant. 

31. License for resident. [Sec. 5, ch. 221„1897.] Every 
resident, who has resided in the state of Wisconsin for 
one year, who proposes to hunt or kill deer in this state, 
shall take out a license from the county clerk of one of the 
counties hereinafter designated as counties frequented by 
deer, which shall be issued by said clerk, under seal, 
upon blanks furnished by the secretary of state, as pro- 
vided by this act, which shall certify that the person to 
whom such license is issued is a bona fide resident of the 
state of Wisconsin, and give a description of such person, 
and the payment by him to such county clerk of the 
license fee of one dollar. 

32. License not transferable ; penalty for hunting 
without. [Sec. 6, ch. 221, 1897.] The licenses issued 
under this act shall not be transferable from the person to 
whom they are issued to any other person, and shall per- 
mit only the licensee therein named to hunt, pursue or kill 
deer. Any person who shall pursue, hunt or kill deer 
while having in his possession a license not duly issued to 
him under the provisions of this act, or any person who 
shall furnish to another, during the open season for the 
killing of deer, or permit another to have during such 
season a license duly issued to him, shall be punished by a. 



Fish and Game Laws. 19 

fine of not less than fifty dollars, nor more than two 
hundred dollars, or by imprisonment in the county jail not 
less than sixty days nor more than six months. 



Form of Complaint. 



State of Wisconsin, 
County of . 



: — ■ , being duly sworn, says that on the day of 

in the year 189 — , at said county, (name of the accused) was 

duly licensed to pursue, hunt or kill deer in the state of Wisconsin 
during the open season therefor in the year 189 — , by the secretary of state- 
of said state, (or by the county clerk of county in the state of Wis- 
consin); that said , during the open season for the killing of 

deer in the year 189—, which season was covered by the license aforesaid, 

to-wit: on the day of , in the year 189 — , at the county of 

■ , in the state of Wisconsin, did unlawfully furnish to and permit 

another, to-wit: (name of person to whom furnished), to have 

said license, contrary to the provisions of section 6, of chapter 221, of the 
laws of Wisconsin for 1897, and against the peace and dignity of the state 
of Wisconsin. 



Subscribed and sworn to before me 
this day of , A. D. 189—. 

Justice of the Peace. 

33. Use of money received from residents. [Sec. 7, ch. 
221, 1897.] The sum of one dollar for each license issued, 
received by the county clerk of the counties of the state 
which are designated by this act as counties frequented by 
deer, shall be paid to the county treasurer of such county 
to be set aside for the purpose of paying the salary of 
special county game wardens in such county for the protec- 
tion of game as provided by this act. 

34. Examination of records oi licenses. [Sec. 8, ch. 
221, 1897. J The state fish and game warden or his deputy 
may examine the records of licenses issued at any time 
and compare the same with the stubs returned to the office 
of the state fish and game warden. 

35. Counties frequented by deer. [Sec. 9, ch. 221, 1897.] 
The counties of the state which are designated as counties 



20 Fish ( nid Game Laws. 

frequented by deer are as follows: Adams, Ashland, Bar- 
ron, Bayfield, Buffalo, Burnett, Brown, Chippewa, Clark, 
Douglas, Dunn, Eau Claire, Florence, Forest, Iron, Jack- 
son, Juneau, Langlade, Kewaunee, Lincoln, Marathon, 
Marinette, Marquette, Oconto, Oneida, Pepin, Pierce, Polk. 
Portage, Price, Sauk, Sawyer, Shawano, Taylor, Trem- 
pealeau, Vilas, Washburn, Wood and Door. 

36. Application by resident, county clerk's duty. [Sec. 
10, ch. 221, 1897. j Every resident of this state, desiring 
to procure the license provided for in this act, shall present 
or mail to the county clerk of one of the counties herein- 
before designated as counties frequented by deer, a written 
application setting forth the fact that he is a resident of 
this state, and containing a personal description of himself 
and also his place of residence and postoffice address, which 
said application shall be subscribed and sworn to before 
some person authorized under the laws of this state to ad- 
minister oaths. It shall be the duty of the county clerks 
mentioned in this section to file all such applications with 
the records in their respective offices, and shall thereupon 
issue to all such applicants as have complied with the pro- 
visions of section 5 of this act [paragraph 31] a license for 
the pursuing, hunting and capturing of deer under the laws 
of this state, and shall deliver such license to such appli- 
cant or mail the same to his address, unless otherwise di- 
rected by said applicant. Each such county clerk is here- 
by authorized to administer the oath to the said applicants 
for the purposes designated, and said oath sbairhave the 
same force and effect as though administered by any of the 
magistrates of the state authorized to administer oaths. 

37. Spoiled license Wank. [Sec. 11, ch. 221, 1897.] 
Should any person authorized to issue a license as provided 
for by this act spoil the blank in any way he may^be per- 
mitted to fill out a new blank of another number, but the 
spoiled license entire, with stub and coupon attached, must 
be returned to the state fish and game warden by the county 



Fish and Game Laics. Zl 

clerk, who shall indicate upon the stub, which shall remain 
with him, that the license attached thereto was spoiled and 
is not in force. 

38. Changing- license, penalty. [Sec. l'_\ ch. 221, 1897.] 
Any person who shall in any manner alter or change a li- 
cense which shall have been issued under the provisions 
of this act. shall be punished by a fine of not less than two 
hundred dollars, and not more than five hundred dollars, 
or by imprisonment in the county jail not less than six 
months nor more than one year. 

Form of Complaint. 

State of Wisconsin, ) 
County of . ) 

, being duly sworn, says that on the day of , in 

the year 189 — , at said county, (name of the accused) did un- 
lawfully alter and change a license for the pursuit, hunting or killing of 
deer in said state during the open season therefor in the year 189 — , which 
license was issued by the secretary of state of the state of Wisconsin, (or 

the county clerk of county in the state of Wisconsin), pursuant to 

the provisions of chapter 221 of the laws of said state for the year 1897, 
(describe the alteration made in the license) contrary to the provisions of 
section 12 of said chapter of said laws, and against the peace and dignity 
of the state of Wisconsin. 



Subscribed and sworn to before me this 
day of , A. D. 189—. 



Justice of the Peace. 

39. False statement as to residence. [Sec. 13, ch. 221, 
1897.] Any person who shall make a false statement rela- 
tive to his residence to the county clerk who shall issue to 
him a license, and shall thereby obtain a license such as is 
given to the residents of this state under the provisions of 
this act, when he shall in fact not be a resident of the state 
of Wisconsin and shall not have resided in this state for a 
period of one year previous to the opening of the deer sea- 
son in any year, shall, upon conviction, be punished by 
imprisonment in the county jail not less than four months, 



22 Fish and Game La/rs. 

or imprisonment in the state prison not more than one 
year, or by a fine of not less than five hundred dollars or 
more than one thousand dollars, or by both such fine and 
imprisonment in the discretion of the court. 

Form of Complaint. 

State of Wisconsin, ) 
County of . ) ss ' 

, being duly sworn, says that on the day of , in 

the year 189 — , at said county, (name of the accused) did 

make a false statement to , county clerk of the county of 

, in said state, relative to his residence in the state of Wisconsin, 

such statement being (give the language of the statement as near as prac- 
ticable), and being false in this, to-wit: that the said , at the 

time said statement was made as aforesaid, had not resided in the state of 
Wisconsin for a period of one year immediately previous to the opening of 
the deer season in the year 189—, and was not at the time of the making of 
said statement a resident of the state of Wisconsin within the meaning of 
chapter 221 of the laws of that state for the year 1897; that by reason of 

such false statement the said county clerk issued to the said 

a license under the provisions of said chapter of said laws for the pursuit, 
hunting or killing of deer in the state of Wisconsin during the open season 
therefor in the year 189 — , contrary to the provisions of chapter 221, of the 
laws of said state for 1897, and against the peace and dignity of the state 
of Wisconsin. 

Subscribed and sworn to before me 
this day of , A. D. 189 -. 



Justice of the Peace. 



Fish and Game Laws. 23 



PART IV. 1 

The Taking, Possession, Use, Transportation and Sale 
of Fish and Game. 

40. State's title to fish and game. [Sec. 1, ch. 188, 

1897.] The ownership of and title to all fish and game in 
the state of Wisconsin is hereby declared to be in the state, 
and no fish or game shall be caught, taken or killed in any 
manner, or at any time, except the person so catching, 
taking or killing shall consent that the title to said fish and 
game shall be and remain in the state of Wisconsin, for the 
purpose of regulating and controlling the use and disposi- 
tion of the same after such catching, taking or killing. 
The catching, taking or killing of fish or game at any time, 
or in any manner, or by any person, shall be deemed a 
consent of said person that the title of the state shall be 
and remain in the state for said purpose of regulating the 
use and disposition of the same. 

Validity. The supreme court held in Bittenhaus v. Johnston, 92 Wis., 
588, that ch. 221 laws of 1895, (which contained many provisions relating 
to fish similar to those in this part) was not open to the objection that it 
was class legislation, because it made different regulations for different 
waters, or contained provisions applying to certain localities or waters 
only, or wholly exempted certain waters from all such regulations. 
• " The wild game within a state belongs to the people in their collective 
sovereign capacity. It is not the subject of private ownership except in 
so far as the people may elect to make it so: and they may, if they see fit, 

1 This part is composed of ch. 188, laws of 1897, published April 10, 1897, 
as amended by ch. 313, laws 1897, (amendments are in paragraphs 44 and 
54), published April 30, 1897, and both in effect from and after their pas- 
sage and publication, and chapter 274, laws of 1897, (in paragraph 66) pub- 
lished April 23, 1897, and in effect from and after its passage and publica- 
tion. 



24 Fish and Game Laws. 

absolutely prohibit the taking of it, or traffic and commerce in it, if it is 
deemed necessary for the protection or preservation of the public good." 
Ex parte Maier, 103 Cal., 476, quoted with approval in Geer v. Connecti- 
cut, 161 U. S., 519, 529. 

Applicable to Indians. An Indian who retains his tribal relations and 
resides with his tribe on its reservation is not exempt from the operation 
of a state law regulating the taking of game by a clause in a treaty between 
his tribe and the federal government giving the members of the tribe the 
right to hunt upon the unoccupied lands of the United States so long as 
game may be found thereon, the state being admitted into the union after 
the treaty was made. Ward v. Eace Horse, 163 U. S. 501. 

41. Inland and outlying- waters designated. [Sec. 2, 
ch. 188, 1897. J All rivers, including the Mississippi river 
to the center of its channel, streams, lakes, and other 
waters within the jurisdiction of the state of Wisconsin, 
are hereby designated as inland waters, except Lakes 
Michigan and Superior, and the harbors and bays immedi- 
ately connected therewith, Green Bay from the mouth of 
the Pox river, commencing at the most easterly point in 
section 24, township 24, N., of R. No. 20, E., of the fourth 
principal meridian, being the angle between the third and 
fourth runs or courses of the survey of the meander line 
of said section 24, as shown by the original plat of the sur- 
vey of said township of record in the state land office of 
the state of Wisconsin, running* thence south forty-five de- 
grees east, until the line reaches the main land in town- 
ship 24, N., of R. No. 21, E., Lakes St. Croix and Pepin. 
The waters herein excepted from the inland waters of the 
state are hereby declared to be outlying waters. 

42. Close season in inland waters for bass; exceptions. 
[Sec. 3, Rh. 188, 1897.] It shall be unlawful and it is pro- 
hibited to kill, capture or take by any device whatever or 
in any manner, in any of the inland waters of this state, 
any black bass, Oswego bass or yellow bass, between the 
first day of March, and the twenty-fifth day of May next 
succeeding, excepting that in Big Green Lake in Green 
Lake county, and in Devil's Lake in Sauk county, the close 



Fish and Game Laws. 25 

season for such bass above named shall be from, the first 
day of March to the first day of July next succeeding. 
The provisions of this section shall not apply to Rush Lake 
in Fond du Lac and Winnebago counties. Any person vio- 
lating any of the provisions of this section shall, upon con- 
viction thereof, be punished by a fine of not less than ten 
dollars nor more than twenty- five dollars, or by imprison- 
ment in tne county jail for not more than ten days. 

The exception as to Rush Lake does not invalidate the statute. Bitten- 
haus v. Johnston, 92 Wis. 588. 



Form of Complaint. 

State of Wisconsin, 
County of . 

■ , being duly sworn, says that on the day of , in 

the year 189—, at said county, (name of the accused), did 

kill (capture or take), or did kill, capture and take, in the stream, 

being a part of the inland waters of said state as defined by chapter 188 of 

the laws of Wisconsin for 1897, a black (or Oswego or yellow) bass, during 

the close season therefor, contrary to the provisions of section 3 of said 

chapter, and against the peace and dignity of the State of Wisconsin. 



Subscribed and sworn to before me 

this day of , A. D. 189—. , 

Justice of the Peace. 



43. Close season for trout in inland waters. [Sec. 4, 
ch. 188, 1897.] It shall be unlawful and is prohibited to 
fish for, catGh or kill in any of the inland waters of the 
state, with any device or in any manner, any speckled or 
brook trout, California or rainbow trout, mountain or brown 
trout, or any other variety of trout, between the first day 
of September and the succeeding fifteenth day of April. 
Any person who shall violate any of the provisions of this 
section shall be punished by a fine of not less than ten dollars, 
nor more than fifty dollars, or by imprisonment in the county 



26 Fish and Game Laws. 

jail not exceeding thirty days, or by both such fine and im- 
prisonment in the discretion of the court. 

Form of complaint. Vary the form given under the preceding para- 
graph. 

44. Use of lifts in inland waters. [Sec. 5. ch. 188, 
1897, as amended by sec. 1, ch. 313, 1897.] It shall be un- 
lawful and is prohibited to set, place, or use in any of the 
inland waters of the state, any net of any variety, or any 
trap or any snare of any kind, which shall be intended to or 
might catch, take or kill fish. A dip net, however, may be 
used to take whitefish between the first day of November 
and the succeeding eighth day of November in said inland 
waters. Dip nets may also be used in taking shiners, 
chubs, dace, suckers, sheepshead, dogfish, garfish, red- 
horse, sturgeon, catfish, and bullheads in any stream not 
frequented by or containing trout of any variety; but 
spears may be used during the day time for the purpose of 
spearing suckers, sheephead, dogfish, garfish, redhorse, 
sturgeon, catfish, and bullheads. Any person who shall 
violate any of the provisions of this section shall be pun- 
ished by a fine of not less than twenty-five dollars, nor 
more than one hundred dollars, and be imprisoned until 
such fine shall be paid, not exceeding ninety days 



Form of Complaint. 
State of Wisconsin, 



County of 



, being duly sworn, says that on the day of , 189—, 

at said county, (name of the accused) did unlawfully set, place 

and use in the stream (river, lake or pond) known by the name of , 

the same being one of the inland waters of said state as defined by chap- 
ter 188 of the laws of Wisconsin for 1897, a net, the same not being a dip net 
(if a trap or snare net was used make the allegation according to the fact) 
which was intended to and might catch, take and kill fish; that said net 
(trap or snare, as the case may be) was set, placed and used contrary to the 
provisions of section 5, of chapter 188, of the laws of Wisconsin for 1897, 



Fish and Game haws. 27 

as said section is amended by section 1 of chapter 313, of said laws, and 
against the peace and dignity of the state of Wisconsin. 



Subscribed and sworn to before me 

this day of , A. D. 189 -. 

Justice of the Peace. 

[If the offense consists in setting a dip net, the complaint must negative 
the fact that it was set to catch whitefish between the first day of No- 
vember and the succeeding eighth day of November; and also that it was 
used in taking shiners, chubs, dace, suckers, sheepshead, dogfish, garfish, 
red norse, sturgeon, catfish and bullheads in any stream not frequented by 
■or containing trout of any variety.] * 

45. Fish in inland waters, how caught. [Sec. 6, ch. 188, 

1897.] Except as otherwise provided for by law, no per- 
son shall take, catch or kill any fish in any of the inland 
waters of this state by any other method or means than 
that of angling or trolling. Any person who shall violate 
any of the provisions of this section shall be punished by a 
fine of not less than ten dollars, nor more than fifty dollars, 
or by imprisonment in the county jail 4iot less than thirty 
days nor more than sixty days. 

Validity. The legislature has power to prohibit the taking of fish in any 
other manner than by angling for them with a hook and line. State v. 
Mrozinska, 59 Minn. 465, 61 N. W. Eep., 560. 

46. Use of explosives. [Sec. 7, ch. 188, 1897.] It shall 
be unlawful and is prohibited to take, catch or kill any fish 
of any variety, in any of the waters of the state by means 
of dynamite or other explosives, or to place in any of the 
waters of the state any dynamite or other explosives, 
which, if exploded would or might cause destruction to fish 
in such waters, except when such dynamite or other ex- 
plosive is used by any public authority, or when same is 
used for the purpose of clearing a channel in any stream 
or waters for log driving or the actual construction of im- 



<J8 Fish and Game Laws 

provements. Any person violating any of the provisions of 
this section shall be punished by a tine of not Jess than twenty- 
five dollars nor more than two hundred and fifty dollars, 
or by imprisonment in the county jail not less than sixty 
days, nor more than six months. 



Form of Complaint. 



State of Wisconsin, ) 
County of — — . J ss ' 



, being duly sworn, says that on the day of , 

189 — , at said county, — (name of the accused) did unlawfully 

take, catch and kill fish (designate the variety if possible) in and from the 

water known as , (naming the stream, river, lake or bay) in said state 

by means of dynamite (or if other explosive, naming the kind); or that said 

(name of the accused) on said day and at said county placed 

in said water dynamite (or if other explosive, naming the kind) which, if 
exploded, would and might cause destruction to fish in said water, and 
that said dynamite (or other explosive), was not put into the water afore- 
said by any public authority, nor for the purpose of clearing a channel 
therein for log-driving purposes, nor for the actual construction of improve- 
ments therein, contrary to the provisions of section 7, of chapter 188, of the 
laws of Wisconsin for the year 1897, and against the peace and dignity of 
said state. 

Subscribed and sworn to before me 
day of , A. D. 189—. 



Justice of the Peace. 

47. Fishing through ice of inland waters, and erect- 
ing building thereon. [Sec. 8, ch. 183, 1897.] It shall be 
unlawful and is prohibited for any person to fish through 
the ice of any of the inland waters of the state with more 
than five lines to each person, nor with more than one hook 
attached to each line. It shall further be unlawful and is 
prohibited to construct upon the ice of any of the inland 
waters of the state, except Sturgeon Bay and lakes in Wau- 
kesha county, any building or inclosure of any nature 
whatsoever, which shall conceal the person of the occupant 



Fish and Game Laws. :.'9 

while engaged in fishing through the ice, or to occupy^ any- 
building or inclosure while engaged in fishing through the 
ice. Any person who shall violate any of the provisions of 
this section shall be punished by a fine of not less than 
twenty dollars, nor more than fifty dollars, or by impris- 
onment in the county jail not more than thirty days. 



Form of Complaint. 



State of Wisconsin, 
County of . 



, being duly sworn, says that on the — day of , 

in the year of 189 — , at said county, (name of the accused) 

did unlawfully fish through the ice on the river known by the name of 

(or on the pond, lake, bay or stream known by the name of ,) 

said river being one of the inland waters of said state within the meaning 
of chapter 188 of the laws of Wisconsin for 1897, and contrary to the pro- 
visions of section 8 of said chapter of said laws, and against the peace and 
dignity of the state of Wisconsin. 



Subscribed and sworn to before me 
this day of , A. D. 189—. 

j 
Justice of the Peace. 

48. Warden may enter building on ice. [Sec. 9, ch. 
188, 1897.] No person shall construct upon the ice of any 
of the inland waters of the state, except Sturgeon Bay, any 
building or inclosure which shall not at all times be opened 
by the owner or occupant thereof upon demand of the state 
fish and game warden or his deputy, or any other officer, 
and the said state fish and game warden or his deputy, or 
any other officer, be permitted to investigate the nature and 
character of such building, inclosure, or structure. Any 
person who shall refuse to permit an investigation of the 
interior of such structure, building, or inclosure, upon de- 
mand being made therefor by the state fish and game or 
his deputy, or any other officer, shall be deemed guilty of 
maintaining a public nuisance, and shall, upon conviction 



30 Fish and Game Laics. 

thereof, be fined not less than twenty nor more than fifty- 
dollars, and the state fish and game warden or his deputy, 
or any other officer, shall destroy such structure as a public 
nuisance, and shall not be held liable therefor in any civil 
or criminal action. 

4!>. Medicated bait; fishing near fishway. [Sec. 10, ch. 
188, 1897.] It shall be unlawful and is hereby prohibited 
to use, set, lay, or prepare in any of the waters of the 
state any trap, lime, poison, medicated bait, fish berries, 
or any substance deleterious to fish life, or which might at- 
tract the fish in unusual quantities. It shall be unlawful 
and is hereby prohibited for any person to fish for, catch, 
kill, or take by any device or in any manner, in any of the 
streams of the state any fish within one hundred feet of 
any fishway, or have in possession, or under control any 
fish so taken, killed or caught. Any person who violates 
any of the provisions of this section shall be punished by 
a fine of not less than ten dollars, nor more than fifty dol- 
lars, or by imprisonment in the county jail not less than 
thirty days, nor more than nicety days, or by both such 
fine and imprisonment in the discretion of the court. 

50. Use of nets in Lakes Michigan and Superior. [Sec. 
11, ch. 188, 1897.] It shall be unlawful and is prohibited 
for any person to set or cause to be set, in the waters of 
Lake Michigan, within one-quarter of a mile of the main 
shore thereof, commencing at the state line south and run- 
ning north to the north line of Racine county, or set or 
cause to be set, in the waters of Lake Superior within one 
mile of the main shore thereof, within the jurisdiction of 
the state of Wisconsin, and in the entire Chequamegon 
Bay and waters south of an east and west line drawn from 
the extreme northwest end of Long Island or Chequamegon 
Point to the mainland in Bayfield county, any seine, gill 
pound or fyke net. Any person who shall violate the pro- 
visions of this section or any of them, shall be punished 
by a fine of not less than twenty-five dollars, and not more 



Fish and Game Laws. 31 

than one hundred dollars, or by imprisonment in the 
county jail not less than thirty days nor more than three 
months. 

Form of Complaint. 
State os Wisconsin, 



— Countv, 



s.s. 



, being duly sworn, says that on the day of , in 

the year 189—, at said county, (name of the accused) did 

unlawfully set (or cause to be set, if such is the fact, by ) in 

the waters of Lake Michigan, within one-quarter of a mile of the main 
shore thereof, commencing at the state line south and running north to 
the north line of Racine county, and within the jurisdiction of said state, 
a seine (or gill, pound or fyke) net, contrary to the provisions of section 11, 
chapter 188, of the laws of Wisconsin for 1897, and against the peace and 
dignity of the state of Wisconsin. 

Subscribed and sworn to before me 
this day of , A. D. 189—. 

i 
Justice of the Peace. 

[If the offense was committed in any of the other waters mentioned in 
the section vary the statement of it, using the words of the statute so far 
as practicable.] 

1. Use of nets in Green Bay. [Sec. 12, ch. 188, 1897.] 

It shall be unlawful and is prohibited for any person to set 
or use, or cause to be set or used in the waters of Green 
Bay any gill, pound, fyke, seine, dip, crab or any other 
net from the first day of April to the succeeding first day 
of May in each year, except that a dip net or minnow seine 
may be used for the purpose of catching minnows for bait 
only. The provisions of this section shall not apply to the 
taking of white-fish, lake trout or herring. Any person 
who shall violate any of the provisions of this section 
shall, upon conviction thereof, be punished by a fine of no^. 
less than twenty-five dollars, nor more than one hundred 
dollars, and be imprisoned until such fine shall be paid, 
not exceeding ninety days. 



32 Fish and Game Laws. 

52. Use of nets in Sturgeon Buy; extent of Maters of. 

[Sec. 13, ch. 188, 1897.] No net of any kind, or other de- 
vice for trapping fish, shall be used or set in the waters of 
Sturgeon Bay at any time, except that a dip net or min- 
dow seine may be used for the purpose of catching minnows 
for bait only. Any person violating any of the provisions 
of this section shall be punished by a fine of not less than 
twenty five dollars, nor more than one hundred dollars, and 
shall be imprisoned until such fine shall be paid, not ex- 
ceeding ninety days. The waters of Sturgeon Bay shall be 
considered that portion lying south of a line from the 
Sherwood Point light-house, said line running easterly 
to the shore, terminating at a point where the south line 
of lot No. 1, in section 19, township 28, range 26 E , inter- 
sects the meander line of Sturgeon Bay in Door county, 
and including also the waters of Sawyer's Harbor. 

53. Same as to Detroit Harbor; extent of its waters. 
LSec. 14, ch 183, 1897.] No net of any kind, or device for 
trapping fish shall be set or used in the waters of Detroit 
Harbor, except that a hand dip net or minnow seine may 
be used for the purpose of catching minnows for bait only. 
Any person violating any of the provisions of this section 
shall be fined not less than twenty-five dollars, nor more 
than one hundred dollars, and shall be imprisoned until 
such fine shall be paid not exceeding ninety days. The 
waters of Detroit Harbor shall be construed to include that 
portion of w T ater lying north and west of a line beginning 
at the extreme southern point of lot No. 3, section 14, 
town No. 33 north, of range No. 29 E., running thence 
easterly in a direct line to the extreme southern point of 
lot No. 2. section 18, town No. 33 north, of range No. 30 
east, all in Door county. 

54. Lake trout or whitefish, wall-eyed pike and cat- 
tish, weight of. [Sec. 15, ch. 188, 1897, as amended by 
sec. 2, ch. 313, 1897.] It is hereby declared unlawful for 
any person or persons to have in their possession any lake 



Fish and Game Laws. 33 

trout or whitefish of less than two pounds round or un- 
dressed weight, nor less than one and one-half pounds 
dressed weight (except that lake trout may be had in pos- 
session and offered for sale, not to exceed twenty- five 
pounds at any time), any wall-eyed pike of less than one 
pound round or undressed weight, or any catfish of less 
than three pounds round or one and one half pounds 
dressed weight. Any person who shall violate any of the 
provisions of this section shall be punished by a fine of not 
less than twenty -five dollars nor more than one hundred 
dollars, and be imprisoned until such fine be paid, not to 
exceed ninety days. Provided, however, that fish mer- 
chants may purchase (and offer for sale when so purchased) 
from any one or more fishermen not to exceed twenty- five 
pounds from each, of the sized trout mentioned in section 
fifteen [this paragraph], when taken in one lift. 

55. Close season for nets in outlying waters. [Sec. 
15a, ch. 188, 1897.] It shall be unlawful, and is prohibited, 
to capture or take by means of nets of any kind, in any of 
the outlying waters of the state, any whitefish or trout be- 
tween the fifteenth day of October and the first day of De- 
cember next succeeding. Any person who shall violate any 
of the provisions of this section shall, upon conviction 
thereof, be punished by a fine of not less than twenty-five 
dollars nor more than one hundred dollars, and be im- 
prisoned until such fine be paid, not exceeding ninety days. 

56. Use of nets in Little Sturgeon Bay. [Sec. 16, ch. 
188, 1897.] No net of any kind or other device for trapping 
fish shall be used or set in the waters of Little Sturgeon 
Bay inside of a line drawn from Horseshoe or Squaw Island 
to Bonnet's Point on the mainland at any time, except that 
a dip net or minnow seine may be used for the purpose of 
catching minnows for bait only. Any person who shall 
violate any of the provisions of this section shall be pun- 
ished by a fine of not less than twenty-five dollars nor 
more than one hundred dollars, and shall be imprisoned 
until such fine is paid, not exceeding ninety days. 

3— F. & G. 



34 Fish and Game Laws. 

57. Same in waters bordering- on Door comity. [Sec. 

17, ch. 188, 1897.] It shall be unlawful and it is prohibit- 
ed for any person to set or use, or cause to be set or used, 
in the waters bordering on Door county at any time any 
fyke, seine or dip nee, except that a dip net or minnow 
seine may be used for the purpose of catching minnows for 
bait only. Any person who shall violate any of the pro- 
visions of this section shall, upon conviction thereof, be 
punished by a fine of not less than twenty -five dollars nor 
more than one hundred dollars, and to be imprisoned until 
such fine is paid, not exceeding ninety days. 

58. Use of gill, seine and fyke nets in Green Bay. [Sec. 

18, ch. 188, 18)7.] It shall be unlawful for any person to 
set or use, or cause to be set or used, in the waters of 
Green Bay, between the first day of April and the succeed- 
ing first day of January any gill net having smaller mesh 
than four-inch stretch measure, but it shall be lawful for 
any person to set or use seine or fyke nets of not less than 
three- inch stretch measure in the waters of Green Bay, 
except the waters bordering on Door county, from the first 
day of May to the succeeding first day of April; provided, 
that gill nets of one and three-fourths inches, stretched 
measure, may be used for the purpose of catching fish to 
be used for bait only. Any person violating any of the 
provisions of this section shall be punished by a fine of 
not less than twenty-five dollars, nor more than one hun- 
dred dollars, and be imprisoned until such fine be paid, 
not exceeding ninety days. 

59. Use of pound nets in Green Bay and Lake Michigan. 
[Sec. 19, ch. 188, 1897.] It shall be unlawful and is pro- 
hibited for any person to set or use in the waters of Green 
Bay and Lake Michigan between the first day of April and 
the succeeding first day of July any pound net whose pot 
(being the part of the net in which the fish are finally cap- 
tured) on three sides and extending ten feet downward into 
the water is of a smaller mesh than three inches stretch 



Fish and Game Laws. 35 

measure; provided, however, that no bass shall te taken 
with nets in the waters ot Green Bay at any time. Any 
person who shall violate any of the provisions of 
this section shall be punished by a fine of not less than 
twenty-five dollars, nor more than one hundred dollars, 
and shall be imprisoned until such fine is paid, not exceed- 
ing ninety days. 

60. Fishing; in Pecatonica, Fever and Sugar rivers and 
Koshkonong lake. [Sec. 20, ch. 188, 1897.] It shall be 
lawful to take or catch any kind of fish except trout from 
the waters of the Pecatonica and Fever rivers in Iowa and 
Lafayette counties, in the Sugar river in Green county and 
from Koshkonong lake in Rock, Dane and Jefferson coun- 
ties, with a hook and line at any time. 

61. Close season for, and methods of hunting deer. 
[Sec. 21, ch. 188, 1897.] It shall be unlawful and is pro- 
hibited: 

1. To take, pursue or kill by any kind of device or con- 
trivance whatever, or pursue with intent to take or kill, or 
to worry any deer, buck, doe or fawn between the twen- 
tieth day of November and the first day of November of 
the year following; all of the year except the first twenty 
days in November being declared the close season for the 
animals named in this section; provided, that during the 
first five days after the close season (November 21st to 25th 
inclusive) parties shall have the right to purchase, sell and 
transport game mentioned in this section subject to the 
provisions of this act. 

2. To hunt deer, buck, doe or fawn at any time with 
dogs. 

3. To hunt deer, buck, or doe in the night time. 

4. To hunt deer, buck,, doe or fawn in the counties of 
Sheboygan and Fond du Lac for the period of five years. 

5. To kill or capture any deer in the waters or on the 
ice of any of the streams or lakes or ponds within the ju- 
risdiction of this state at any time. 



So Fish and Game Laics. 

6. To kill or capture any deer by means of any pit, pit- 
fall or trap at any time. 

7. To make use of any artificial light in hunting deer. 

8. To have in possession the skins of any deer when it 
is in its red coat, or any fawn when it is in its spotted coat. 

9. For any person to kill more than two deer, except 
that any resident or settler shall have the right to kill at 
any time during the open season any deer which is to be 
consumed by his own family or neighbors and not for the 
purpose of sale or traffic. Any person who shall violate 
any of the provisions of this section shall be punished by 
a fine of not less than twenty-five dollars, nor more than 
one hundred dollars, or by imprisonment in the county jail 
not less than two months nor more than six months, or by 
both such fine and imprisonment in the discretion of the 
court. 

Validity. It is competent for the state to enact such laws as will pre- 
serve from extermination or undue depletion, wild game adapted to con- 
sumption as food or to other useful purposes; hence it may regulate the 
time and manner of killing the same, and impose such limitations upon its 
use or the right of property in it, after it is taken or killed, as is necessary 
to that end. State v. Rodman, 58 Minn., 393, 59 N. W. Rep. 1098. 



Form of complaint under subdivision one. 

State of Wisconsin, / 
County of . ) 

, being duly sworn, says that on the day of 

, in the year 189 — , at said county, (name of the ac- 
cused) did take, pursue and kill, (or pursue with intent to take, kill or worry) 
a deer, (buck, doe or fawn), said day being between the twentieth day of 
November, 189 — , and the first day of November of the year following, and 
being during the close season as prescribed by section 21, of chapter 1S8, of 
the laws of said state for 1897, and contrary to the provisions of said sec- 
tion and against the peace and dignity of the state of Wisconsin. 
Subscribed and sworn to before me . 

this day of , A. D. 189-. 

Justice of the Peace. 



Fish and Game Laws. 37 



Form of Complaint for unlawfully Hunting Deer, 

State of Wisconsin, 
County of 

, being duly sworn, says that on the day of , in 

the year 189 — , at said county, (name of the accused), did un- 
lawfully hunt deer (buck, doe or fawn), with a dog (or in the night time),, 

or did kill or capture a deer in the waters of , (designate stream,, 

river, lake, pond or bay) or on the ice of (designate stream, lake or 

pond), the same being within the jurisdiction of said state; or did kill or 
capture a deer by means of a pit fall or trap, or made use of an artificial 
light in hunting deer, contrary to the provisions of section 21 of chapter 
188, of the laws of Wisconsin for 1897, and against the peace and dignity 
of the said state. 



Subscribed and sworn to before me this 
day of , A. D. 189—. 



Justice of the Peace. 



62. Close season for woodcock, partridge, etc. [Sec. 22, 

ch 188, 1897.] It shalL be unlawful and is prohibited 
to take, catch or kill any woodcock, partridge, pheasant, 
or ruffed grouse, prairie chicken, or prairie hen, sharp- 
tailed grouse, or grouse of any variety, plover or snipe be- 
tween the first day of December and the succeeding first 
day of September. Any person who shall violate any of 
the provisions of this section shall be punished by a fine of 
not less than ten dollars, nor more than fifty dollars, and 
by imprisonment in the county jail until such fine is paid,, 
not exceeding ninety days. 

63. Close season for duck, geese, etc. [Sec. 23, ch. 188, 
1897.] It shall be unlawful and is prohibited to take, catch 
or kill any wild duck, wild goose or brant between the 
first day of Myy and the succeeding first day of September 
in each year. It shall be further unlawful and is prohibited 
to take, catch or kill any mallard, teal or wood duck be- 
tween the first day of December and the succeeding first 
day of September in each year; provided, however, that 



38 Fish and Game Laws. 

swan shall not be taken or killed at any time. Any person 
who shall violate any of the provisions of this section shall 
be punished by a fine of not less than twenty nor more 
than fifty dollars, and by imprisonment in the county jail 
until such fine is paid, not exceeding three months. 

64. Hunting' aquatic fowl after sunset. [Sec. 24, ch. 
188, 1897.] It shall be unlawful and is prohibited to pur- 
sue, catch, take or kill in this state any wild duck, wild 
goose, brant, or other aquatic bird or fowl between sun- 
down and sunset and the following sunrise. Any person 
Who shall violate any of the provisions of this section shall 
be punished by a fine of not less than twenty-five dollars, 
nor more than one hundred dollars, and by imprisonment 
in the county jail until such fine is paid, not exceeding 
sixty days. 

65. Method of hunting same. [Sec. 25, ch. 188, 1897.] 
It shall be unlawful and is prohibited to kill, attempt to 
kill, to pursue for any purpose, any wild duck, wild goose, 
brant or other aquatic bird or fowl on any of the waters of 
this state, while occupying or using any sneak boat, raft, 
box or other device, except a boat outside or beyond the 
natural covering of reeds, grass or other vegetation grow- 
ing above the water. It shall also be unlawful and is pro- 
hibited to construct or to use any fixed or artificial ambush 
or blind of any kind for the purpose of hunting in any of 
the open waters of this state. Any person violating any 
of the provisions of this section shall be punished by a fine 
of not less than ten nor more than fifty dollars, or by im- 
prisonment until such fine is paid, not exceeding thirty 
days. 

66. Use of sneak boats, etc. [Ch. 274, 1897.] It shall 
be unlawful to use in the pursuit of any duck, goose or 
brant, or any other aquatic bird, any sneak boat or scull 
boat, or any boat propelled by scull-oars, or any sail boat, 
steamboat, naptha boat or electric boat or floating raft or 
box or similar device. Any person violating any provis- 






Fish and Game Laws. 39 

ions of this act shall, upon conviction thereof, be punished 
by a fine of not less than five dollars or more than twenty - 
five dollars, or be imprisoned in the county jail not less 
than ten days nor more than thirty days. 

67. Use of snares, nets, spring guns, etc. [Sec. 
26, ch, 188, 1897.] It shall be unlawful and is prohibited 
to take, catch or kill or to attempt to take, catch or kill, 
any animals, birds or water fowl protected by this act, by 
means of any snare, net, trap or spring gun or similar con- 
trivance, or to place, spread or set any such net, trap, 
snare, or spring gun or device, for the purpose of catch- 
ing, or which might catch, take or ensnare such animals, 
birds or water fowl. Any person violating any of the pro- 
visions of this section shall be punished by a fine of not 
less than ten dollars nor more than fifty dollars, or by im- 
prisonment in the county jail not more than sixty days. 

68. Close season for pheasants and quail. [Sec. 27, ch. 
188, 1897.] It shall be unlawful and is prohibited to take, 
catch or kill any Mongolian, Chinese or English pheasants 
or quail of any variety, until September 1, 1901. Any person 
violating this section shall be punished by a fine not to ex- 
ceed fifty dollars, or by imprisonment in the county jail 
not more than thirty days. 

69. Ensnaring ducks. [Sec. 28, ch. 188, 1897.] It is un- 
lawful and prohibited, to place in or upon any waters fre- 
quented by wild duck, any net of any kind in such position 
that it will, or may, ensnare the ducks so frequenting said 
waters. Any person violating the provisions of this section 
shall be punished by a fine of not less than fifty dollars, 
nor more than one hundred dollars, or by imprisonment 
in the county jail not less than sixty nor more than ninety 
days. 

70. What firearms may be used. [Sec. 29, ch. 188, 
1897.] It shall be unlawful and is prohibited to use in pur- 
suit of any animal, fowl or bird, any pivot gun or swivel 
gun, or any other fire arm not habitually held at arm's 



40 Fish and Game Laivs. 

length and discharged from the shoulder. Any person 
violating the provisions of this section, shall be punished 
by a fine of not less than twenty-five dollars, nor more than 
one hundred dollars, or by imprisonment in the county jail 
for not less than thirty days nor more than three months. 

71. Harmless birds. LSec. 30, ch. 188, 1897.] It shall 
be unlawful and is prohibited to catch or kill at any time, 
or for any purpose whatever, except as authorized in this 
act, any whippoor will, night-hawk, blue-bird, finch, thrush, 
lark, robin, turtledove, or any other harmless bird. Any per- 
son violating the provision of this section shall be punished 
by a fine of not more than fifty dollars, or by imprison- 
ment in the county jaiL for not more than thirty days; pro- 
vided that this section shall not apply to black birds, 
English sparrows or pigeons for trap shooting. 

72. Eggs and nests of water fowl and birds. [Sec. 31, 
ch. 188, 1897.] It shall be unlawful to take or destroy the 
eggs of any water-fowl or bird, excepting crows and English 
sparrows. The destroying of any nests of any waterfowl 
or bird, excepting crows and English sparrows, shall be 
strictly prohibited. Any person violating any of the pro- 
visions of this section shall be punished by a fine of not 
more than five dollars, or by imprisonment in the county 
jail of not less than ten days. 

73. Interference with carrier pigeons. [Sec. 32, ch. 
188, 1897.] It shall be unlawful and is prohibited, to take, 
catch, kill, impede in its progress or otherwise interfere 
with any carrier or homing pigeon. Any person, violating 
any of the provisions of this section shall be punished by 
a fine of not less than ten dollars nor more than fifty dol- 
lars, or by imprisonment for not more than three months. 

74. Hunting rabbits.— Close season for otter, etc.— 
Muskrat houses. [Sec. 33, ch. 188. 1897.] It shall be un- 
lawful and is prohibited to use a ferret to hunt rabbits. It 
is further unlawful and is prohibited to take, catch, kill or 
destroy otter, marten or fisher between the first day of 



Fish and Game Laws. 41 

May and the succeeding first day of October, and 
to destroy or molest muskrat houses at any season 
of the year. Any person violating any of the pro- 
visions of this section shall, upon conviction, be punished 
by a fine of not less than ten dollars nor more than twen- 
ty-five dollars, and by imprisonment in the county jail 
until such fine is paid, not exceeding thirty days. 

75. Hunting upon private lands. [Sec. 34, ch. 188, 
1897.] No person shall at any time enter into any grow- 
ing or standing grain not his own with fire arms about his 
person or permit his dog or dogs to enter into any such 
growing or standing grain without the permission of the 
owner or the occupant thereof ; and no person shall at any 
time hunt or shoot upon any lands of another after being 
notified not to hunt thereon, and any person who shall, 
without the right to do so, hunt or shoot upon any land of 
another, after having been notified not to hunt or shoot 
thereon, shall be deemed guilty of a misdemeanor and 
shall, upon conviction thereof, be punished by a fine of not 
less than five dollars, nor more than ten dollars and costs 
of prosecution. In default of payment of such fine, he 
shall be imprisoned in the county jail not less than ten 
days nor more than thirty days; provided, however, that 
the provisions of this section shall not apply to any per- 
son or persons fishing for trout in streams stocked by the 
state; but nothing in this contained shall be so construed 
as to limit or in any way affect the remedy of the owner or 
occupant of any such grain or inclosed or uninclosed land 
or of the person injured, at common law, for trespass. 
Any owner or proprietor of land may give the notice pro- 
vided for in this section by maintaining sign-boards at 
least one foot square containing such notice upon at least 
every forty acres of the premises sought to be protected, 
in at least two conspicuous places, or by giving personal, 
written or verbal notice. 

76. Possession and transportation of fish and game dur- 



4i Fish and Game Laws. 

ing close season. [Sec. 35, ch. 188, 1897. J It is unlawful 
and prohibited: 

1. To have in possession or under control any varieties 
of fish, animals, game or birds for which a close season is 
prescribed by this act or by any law of this state now or 
hereafter in force, during the close season prescribed by 
law therefor (except alive) or any carcass of [or] flesh 
thereof. 

2. To [for] any keeper of a hotel, restaurant or boarding 
house to serve to his guests any such venison, birds, fish or 
game of any kind, during the close season therefor, unlaw- 
fully in his possession. The possession or having under con- 
trol any bird, animal or fish of any of the kinds during the 
close seasons herein prescribed for such, except as in this act 
specified, shall be prima facie evidence that it was the 
property of this state when taken, caught or killed, and 
that it was caught, taken or killed in this state unlawfully, 
and the burden of proof shall be upon the defendant in 
any prosecution or action for forfeiture to prove the con- 
trary. 

3. For any employe of the fish commission, while en- 
gaged in catching and distributing wild fish from the pub- 
lic waters for the purpose of artificial propagation, to have 
in his possession any other varieties of fish than those he 
has been directed to take by the superintendent of the fish 
commission or his agent duly authorized in writing. Any 
person violating the provisions of this section shall 
be punished by a fine of not less than twenty-five dollars 
nor more than one hundred dollars. 

Possession by partners. Possession by a partnership in the usual 
course of business is possession by the individual partners, and under a 
statute imposing a penalty for having in possession more than two game 
animals, either partner is liable therefor, though perhaps only one penalty 
can be collected. Allen v. Leighton, 87 Me. 206, 32 Atl. Rep. 877. 

Have in possession. It has been ruled by the St. Louis court of ap- 
peals that a law which prohibits the selling or keeping in one's possession 
of certain game within a designated portion of the year is valid even as to 



Fish and Game Laws. 43 

game imported from another state. Proof that a restaurant keeper caused 
game to be served to his customers on a designated day within the period 
during which it was declared unlawful for a person " to purchase, have in 
possession or expose for sale" designated birds, will sustain a conviction, 
notwithstanding the proof tended to show that they were shipped from an- 
other state. State v. Randolph, 1 Mo. App. 15. To much the same effect 
is Wagner v. People, 97 111. 320. 

In considering a statute which imposed a penalty upon ' ' any person hav- 
ing in his or her possession " between fixed dates specified game, the court 
observed that the time when or the place where the game was killed, or 
when brought within the state, or where from, is not made material by the 
st atute,and we have no power" to make it so. That it was either killed 
within the lawful period, or brought from another state where the killing 
was lawful, constitutes no defense. Phelps v. Racey, 60 N. Y. 10. See 
note to next paragraph. 

But under a law declaring that no person "shall sell, expose for sale, or 
have in possession for the purpose of selling or exposing for sale " certain 
fowl, etc., the court held that fowl killed in another state and brought into 
that state were not included in the statute. People v. O'Neil, 71 Mich. 325. 



Form of Complaint. 



State of Wisconsin, 
County of . 



, being duly sworn, says that on the day of , in 

the year 189 — , at said county, (name of the accused) did 

unlawfully have in his possesson and under his control fish of the 

variety known as (or animals, game or birds of a specified variety), 

the same not being alive (or the carcass or flesh of such fish, animals, 
game or birds), the said day being during the close season for said fish (or 
animals, game or birds), as prescribed by chapter 188 of the laws of said 
state for 1897, and contrary to the provisions of section 35 of said chapter, 
and against the peace and dignity of the state of Wisconsin. 



•Subscribed and sworn to before me 
this day of , A . D., 189—. 



Justice of the Peace. 



[Vary the form for an offense under sub-division two by alleging the 
defendant's occupation and the use made of the fish, etc.] 



44 Fish and Game Laics. 

7 7. Sale of fish and game during- close season. [Sec. 
36, ch. 188, 1897.] It is unlawful and prohibited: 

1. To sell or offer or expose for sale any fish, game or 
birds or venison at any time during the close season pre- 
scribed therefor, respectively. 

2. To purchase any such fish, game or venison or birds 
or any or either of them during any period of a close sea- 
son therefor, respectively. Any person who shall violate 

' any of the provisions of this section shall be punished by 
a fine of not less than twenty- five dollars nor more than 
one hundred dollars. 

The legislature may make it an offense to sell, within the state, the meat of 
wild animals, whether killed within or without the state. Ex parte Maier r 
103 Cal. 476; Phelps v. Racey, 60 N. Y. 10. See note to paragraph 76. 

78. Transportation of fish and game during close sea- 
son. [Sec. 37, ch. 188, 1897.] It is unlawful and prohib- 
ited for any person or corporation, or common carrier, or 
any agent or servant thereof, for compensation or otherwise : 

1. To transport any fish caught in the waters of this 
state of the varieties for which a close season is prescribed 
in this act or by law, during such close season; but this 
section shall not prevent the shipment of trout raised in 
private hatcheries of which the package or box shall be 
branded with an iron brand as follows: "Shipped from 
the private hatchery of (here insert the name of the owner 
and the location of the hatchery)." 

2 To use the stamp or brand described in the preceding 
subdivision of this section in the shipment of any fish not 
raised in such hatchery. 

3. To transport any of the animals, wild fowl or birds, 
except alive, during the time which the killing, catching 
or taking of such animals, wild fowl or birds is prohibited 
by this act or by law. The possession of any such animals, 
fowl or birds during the close season therefor for shipment 
or in transit shall be prima facie evidence of the violation 



Fish and Game Laws. 45 

of this act. It shall be the duty of every parson whenever 
any animal, fish or game of any of the kinds the taking, 
catching or killing of which is prohibited by law at any or 
all times (except during the periods in which the same 
may be lawfully taken, caught or killed) is offered to him 
for transportation out of the state, or any point or place 
within the state, to at once notify and give full particulars 
concerning such offer and by whom, to the state fish and 
game warden or his deputy. 

4. To ship, carry or transport, offer for shipment or 
transportation or receive for shipment or transportation 
to any point or place out of this state, any feathered game 
protected by the laws of this state, except live birds, ex- 
cepting that when accompanying and having in his per- 
sonal charge the owner of such feathered game may carry 
out of the state not to exceed fifty of any variety of birds 
or fowl. 

5. To ship, carry or transport or receive for shipment or 
transportation to any point or place out of this state any 
iish taken in the inland waters of this state, excepting that 
when accompanying and having in his personal charge the 
owner of such fish may carry out of the state twenty 
pounds or two such fish, and excepting also trout raised in 
the private hatcheries as provided for in subdivision 1 of 
this section. 

6. To transport, ship or carry out of the state or to sell or 
offer for sale within this state any ducks of any variety, 
snipe or plover, between the first day of December and the 
succeeding first day of September. Any person or corpora- 
tion or transportation company or firm or individual or 
agent, or employe of such corporation, transportation com- 
pany, firm or individual who shall violate any of the pro- 
visions of this section shall forfeit not less than twenty- 
five dollars nor more than one hundred dollars for each 
such violation, to be recovered in a civil action brought in 



4G Fish and Game Laws. 

the name of the state by the state fish and game warden or 
his deputy. 

Validity. It is within the power of the legislature to prohibit the kill- 
ing of game for the purpose of conveying the same beyond the limits of the 
state. Geer v. Connecticut, 161 U. S. 519. See notes to paragraphs 76, 77. 

Affidavit for arrest for transporting fish or game. 

State of Wisconsin, \ 
County of . \ ss " 

— , being duly sworn and examined on oath by and before the 

undersigned, a justice of the peace in and for said county, says that he is 
the state fish and game warden of said state, (or is a deputy of the state 
fish and game warden of said state,) and for complaint herein says that 

(name of the defendant) heretofore, to-wit: on the day 

of , of 189 — , at county, in the state of Wisconsin, incurred a 

forfeiture of the sum of one hundred dollars, according to the provisions of 
subdivision 6, of section 37, of chapter 188, of the laws of Wisconsin for the 
year 1897, by then and there unlawfully transporting, contrary to subdivis- 
ion 1, of section 37, chapter 188, of the laws of Wisconsin for the year 1897, 
fish caught in the waters of the state of Wisconsin, to-wit: speckled trout, 
(or other variety, specifying the same) between the first day of September, 
189 — , and the succeeding fifteenth day of April, being within the close 
season for catching said variety of fish as prescribed by section 4, of chap- 
ter 188, of said laws, said speckled trout not being raised in a private hat- 
chery and not being in a package or box branded as prescribed by said 
subdivision 1 of section 37, of chapter 188, of the laws of Wisconsin for the 

year 1897, and that the said is now indebted to the state of 

Wisconsin in the said sum of one hundred dollars for the violation of the 
provisions of the section last designated. 

Wherefore, the complainant demands that a civil warrant be issued 
against the body of the said , and that he be arrested accord- 
ing to law. 

Subscribed and sworn to before me, 
this day of , A. D .189—. 



Justice of Peace. 

[The form above given may be used where othev subdivisions of sec. 37 
are violated; care must be taken to allege tbe particular facta constituting 
the offense, and to designate the sub^-.sion of the section violated, and 
the beginning and end of the close .season.] 



Fish and Game Laws. 47 

Warrant for Arrest. 



County of 
Town of - 



The state of Wisconsin, to the sheriff or any constable of said county: 

Whereas, , the state fish and game warden of the state of 

Wisconsin, (or , a deputy of the state fish and game warden 

of the state of Wisconsin), has this day complained to me on oath that 

, did on the ■ day of , 189 — , at county, in 

said state, incur a forfeiture according to the provisions of subdivision 6, 
of section 37, of chapter 188, of the laws of Wisconsin for the year 1897, by 
then and there unlawfully transporting, contrary to subdivision 1, of sec- 
tion 37, chapter 188, of the laws of Wisconsin for the year 1897, fish caught 
in the waters of the state of Wisconsin, to-wit: speckled trout (or other 
variety, specifying the same) between the first day of September, 189 — , 
and the succeeding fifteenth day of April, being within the close season 
for catching said variety of fish as prescribed by section 4, of chapter 188, 
of said laws, said speckled trout not being raised in a private hatchery, 
and not being in a package or box branded as prescribed by said subdivis- 
ion 1, of section 37, of chapter 188, of the laws of Wisconsin for the year 

1897, and that the said is now indebted to the said state of 

Wisconsin in the sum of one hundred dollars by reason of the violation of 
the provisions of the section last designated. 

Now therefore, you are hereby commanded to take the body of 

, if to be found within your county, and bring him forthwith before 

the undersigned, a justice of the peace in and for said county, at my office 
in said town, to answer unto the said state of Wisconsin to its damage two 
hundred dollars or under; and you are commanded to give due notice 
thereof to the plaintiff. Hereof fail not at your peril. 

Given under my hand at , this day of , A. D. 189 — . 



Justice of the Peace. 
Form of Complaint. 



The State of Wisconsin,") County of 



Plaintiff, In Justice's Court. 

Against )■ 

Before 



Defendant.} Justice of the Peace. 

The above named plaintiff, by , the state fish and game 

warden of ^'said state, (or a deputy of the state fish and game warden of 
said state), complains of the above named defendant and alleges that said 
defendant is indebted to the plaintiff in the sum of one hundred dollars, 



48 Fish and Game Laics. 

according - to the provisions of subdivision C, of section 37, of chapter 188, 
of the laws of Wisconsin for the year 1897, for a forfeiture incurred by the 
violation of subdivision 1 of said section 37, of said chapter 188, of the laws 
of Wisconsin for the year 1S97, by transporting fish caught in the waters 
of the state of Wisconsin, to-wit: speckled trout (or other variety, specify- 
ing the same), between the first day of September, 189—, and the succeed- 
ing fifteenth day of April, being within the close season for catching said 
fish, as prescribed by section 4, of chapter 188, of said laws, said speckled 
trout not being raised in a private hatchery and not being in a package or 
box branded as prescribed by said subdivision 1, of said section 37, of said 
chapter 188. Wherefore, the plaintiff demands judgment against the de- 
fendant for said sum of one hundred dollars, according to the provisions of 
subdivision 6, of section 37, of chapter 188, of the laws of Wisconsin for 
the year 1897, together with the costs of this action. 

District attorney of the 
County of . 



79. Certificates to scientists. LSec. 88, ch. 188, 1897.] 
The state fish and game warden may grant [a certificate] to 
any member of an incorporated society 'of natural history 
or to any professor of any university, school or college, or 
any person properly accredited by such institution, cer- 
tifying that such person or institution is authorized (is 
hereby for such purpose authorized) to collect, for strictly 
scientific purposes only, the nests, eggs, animals, birds 
and fish protected by this act or the laws of the state. No 
person to whom such certificate is issued or who acts under 
the same shall dispose of any such specimens except in 
exchange for scientific purposes. Such certificate shall be 
issued only on satisfactory testimonials of well known 
scientific men. 

80. Attempt to violate law. [Sec. 39, ch. 188, 1897.] 
Any attempt to violate any of the provisions of this act 
shall be deemed a violation thereof. 

81. Rule of construction. [Sec. 40, ch. 188, 1897.] 
All sections of this act relating to the having in possession 
or under control, or the sale, shipment or transportation 



Fish and Game Laws. 49 

of any animal, fish, water-fowl or bird, shall be construed 
to include any and all parts of the flesh and meat thereof. 

82. Limitations on scope of law. [Sec. 41, ch. 188, 1897.] 
The operation of state and public hatcheries in this state, 
the removal of fish which have died from natural causes 
from the waters of this state, the removal of deleterious 
fish, with the written consent and under the direction of 
the commissioners of fisheries, the propagation or trans- 
portation, collecting and transplanting of fish or fish fry 
by state or public authority, and the operation of private 
hatcheries, or propagation of fish in private waters and 
the transportation of fish therefrom in the manner directed 
by this act are not affected or prohibited by this act, nor 
shall it affect the transportation of fish into or through the 
state or out of it by the commissioners of fisheries of other 
•states or of the United States. 

83. Fish for private ponds, etc [Sec. 42, ch. 188, 1897.] 
The state fish commission or its agents or employes are 
prohibited from furnishing fish or fry from state hatcheries 
to private ponds, private clubs or corporations or pre- 
serves or waters where the public are not allowed the 
same rights and privileges enjoyed by any other person 
or persons. 

84. Warden and deputies protected. [Sec. 43, ch. 188, 
1897.] In the performance of his or their duties as state 
fish and game warden and deputy fish and game warden, 
he or they shall be released from any and all liabilities to 
any person or persons whatsoever for acts done or per- 
mitted or property destroyed under and by virtue of the 
authority of the provisions of this act. 

85. Pollution of waters. [Sec. 44, ch. 188, 1897.] It is 
unlawful and prohibited: 

1. To cast, deposit or throw overboard from any row, 

sail or steamboat or other craft into any of the inland 

waters of the state or into Green Bay, Sturgeon Bay, or 

into Chequamegon Bay, or to deposit or leave upon the ice 
4-F. & G. 



50 Fish and Game Laws. 

thereof until it melts, any fish offal, which shall be con- 
strued to mean and include the head, intestines, blood and 
cleanings of fish and dead fish. The fact of any fisherman 
coming to the shore with dressed fish in his boat and without 
the offal produced by such dressing shall be prima facie 
evidence of the violation of this section. 

2. To throw or deposit or to permit to be thrown 
or deposited any sawdust, lime, tanbark, ship ballast, 
stone, sand, cinders, ashes, slabs or decayed wood 
or other substances deleterious to fish life (authorized 
drainage and sewerage from municipalities excepted), into 
any of the rivers, lakes or streams of this state, including 
Green Bay, Chequamegon Bay and Sturgeon Bay, or into 
any streams wherein the commissioners of fisheries 
have caused trout fry to be deposited or in which brook 
trout naturally abound; provided, however, that the pro- 
visions of this section shall not apply to the Wisconsin 
river. 



Form of Complaint under subdivision one. 

State of Wisconsin, 

County of . 

, being duly sworn, says that on the day of 



the year of 189 — , at said county (name of the accused) did 

unlawfully cast, deposit or throw overboard from a row boat (sail or steam- 
boat or other craft) into the river (or lake) known by the name of , 

the same being a part of the inland waters of said state as defined by 
chapter 188, of the laws of Wisconsin for 1897, (or into Green Bay, Stur- 
geon Bay or Chequamegon Bay) or did deposit or leave upon the ice of 

said river (or lake or bay) until it melted certain fish offal, to-wit: , 

contrary to subdivision 1, of section 44, of chapter 188, of said laws-, and 
against the peace and dignity of the state of Wisconsin. 

Subscribed and sworn to before me 
this day of , A, D. 189 -. 

Justice of the Peace. 



Fish and Game Laws. 51 



Form of Complaint under subdivision two. 

State of Wisconsin, ) 

County of . ) 

, being duly sworn, says that on the day of , in 

the year 189 — , at said county, (name of the accused) did unlaw- 
fully throw or deposit, or permit to be thrown or deposited, into the river 

(lake, stream or bay) known by the name of ; — , sawdust (lime, tan-bark, 

ship ballast, stone, sand, cinders, ashes, slabs, decayed wood or other sub- 
stances), deleterious to fish life, the same not being then and there au- 
thorized drainage or sewerage from any municipality, contrary to subdi- 
vision two of section 44 of chapter 188 of the laws of said state for 1897, and 
against the peace and dignity of the state of Wisconsin. 

Subscribed and sworn to before me 
this day of , A. D. 189—. 



Justice of the Peace. 

86. Public nuisances, what are. [Sec. 45, ch. 188 
1897.] The following are declared to be public nuisances. 

1. Any net of any kind prohibited by law while set or 
placed or found in any waters where such net is prohibited 
by law from being used. 

2. All seines or other devices, traps, or contrivances set 
or found in any waters in a manner prohibited by the laws 
relating to such waters, and any and all boats found in use 
in the taking of fish in violation of any of the provisions of 
this act. 

3. All set lines, ropes, or cables with more than one 
line attached thereto, either directly or indirectly. Set 
lines are construed to mean any line not held by the person 
using the same whether the same shall have one or more 
hooks. This subdivision applies to inland waters only. 

4. Any nets spread upon, or under the surface of any of 
the waters of the state, which shall or might entrap or en- 
snare any wild fowl of any kind. 

5. Any trap, snares, spring-gun, set guns or other de- 



52 Fisli and Game Laics. 

vice or contrivance which might entrap, ensnare or kill any 
animals, birds or water- fowl protected by law. 

6. Any boats, deer lamps or lights while used in the un- 
lawful pusuit or hunting of deer. 

7. Any pivot or swivel gun, or other fire arms not 
habitually held at arm's length and discharged from the 
shoulder while the same shall be in unlawful use. 

< s . Any screen set in the public waters of the state to 
prevent the free passage of fish, or set in any stream 
which shall have been stocked by the commissioners of 
fisheries of Wisconsin. 

9. Any boat, floating raft, box or blind, set in open 
water or outside a natural growth of grasses or rushes 
sufficiently high to conceal the boat, raft, or blind, or an 
artificial blind set in open water, for the unlawful pursuit, 
hunting or shooting of any wild duck, goose or brant. 

10. Of [all] decoys set in any of the waters of the state 
during the close season for the hunting of water-fowl as 
prescribed herein. 

11. The unlawful use of any of the articles mentioned in 
this section contrary to the provisions of this act, shall 
forfeit the same to the state, and upon their being found 
under any of the conditions which shall render them public 
nuisances as specified herein they may be immediately 
destroyed. 

87. Destruction of such articles; immunity. [Sec. 46, 
ch. 188, 1897.] It shall be the duty of any warden, deputy 
warden, sheriff, deputy sheriff, constable, special warden 
or other peace officer to destroy forthwith any article or 
thing declared hereby to be a public nuisance when found 
or taken in the unlawful use which, according to this act, 
makes the same a public nuisance; and no liability shall be 
incurred to the owner or any other person for such de- 
struction. 

Validity. In Bittenhaus v. Johnston, 92 Wis. 53S, the supreme court 
said of provisions in ch. 221, laws of 1395, declaring that nets in unlawful 



Fish and Game Laws. 



53 



use are public nuisances, making it the duty of wardens and peace officers 
to destroy the same forthwith when found in such unlawful use and ex- 
empting said officers from all liability to the owners for such destruction, 
that they were not repugnant to that clause of the federal constitution 
declaring that no state shall "deprive any person of . . . property 
without due process of law," nor to sec. 9, art. 1, of the constitution of this 
state, declaring that " every person is entitled to a certain remedy in the 
laws for all injuries" to his property. 

88. Reports from fishermen in outlying waters, and 
by wardens, etc. [Sec. 47, ch. 188, 1897.] Each person 
engaged in fishing in the outlying waters of the state as a 
business during the whole or any part of the year shall, 
on or before the first day of December of such year, report 
to the commissioners of fisheries the amount in pounds of 
all food fish caught by him during the year, the average 
price per pound, and such other information as is required 
by the blanks furnished him for the purpose. 



REPORT 

Of of fish caught during the season from Decem- 
ber 1st, 18 — , to November 30, 18—. 

This report covers the fishing season from , 18 — , 

to , 18—. 



Description of nets used. 



Kind. 


Number. 


Value. 


Size of mesh. 











































54 



Fish and Game Laivs. 



Specimen of fish. 


Pounds. 


Price per pound. 


Total. 


Whitefish 








Trout, lake 








Herring 








Bass 








Perch 








All other kinds 

















I hereby certify that the foregoing statement is true. 

Dated this day of , 18 — , , Wisconsin. 

Signature . 



For failure to make such report and for wilfully making 
a false report such persons shall be punished by a fine of 
not less than twenty -five dollars nor more than fifty dollars. 
On or before the last day of December of each year the state 
fish and game warden, any sheriff or constable, or any 
other officer who has performed any duties under this act, 
shall make report to the state commissioners of fisheries of 
the actions taken by him, the number of prosecutions com- 
menced, the arrests made, the convictions had, the amount 
and date of fines and forfeitures collected, with such other 
information as they may require, the same to be made on 
blanks furnished him for the purpose. 

89. Seiz lire and sale of fish and game. [Sec. 48, ch. 188, 
1897.] The state fish and game warden or his deputy is 
hereby authorized to seize and take possession of, in the 
name of the state, any fish, venison, birds, fowl or game 
caught, taken or killed, or had in possession contrary to 
the provisions of the laws of this state relative to fish and 
game; and such fish, venison, birds, fowl or game caught, 
taken or killed, or had in possession contrary to the pro- 



Fish and Game Laws. 55 

visions of this act are hereby declared to be contraband and 
shall be sold by the warden or his deputy to the highest 
bidder, and any person purchasing the same shall have the 
right to use or dispose of the same in the same manner as 
though the said fish, venison, birds, fowl or game had been 
caught, taken or killed, or were had in possession in accord- 
ance with the provisions of the laws of this state, anything 
to the contrary notwithstanding ; provided, that after the 
cost of seizure and of the sale shall have been paid, the 
clear proceeds shall be paid into the state treasury and 
credited to the general fund. 

90. Use of vegetation as a Mind. [Sec. 49, ch. 188, 
1897.] Nothing contained in this or any act shall prohibit 
any person from entering, occupying and making use of as 
a blind any natural covering of grass, reeds or other vege- 
tation growing above the water of any public lake, pond or 
stream on foot or in any boat not prohibited by law, for 
the purpose of fishing and shooting game. 

91. Repealing clause. [Sec. 50, ch. 188, 1897.] All acts 
or parts of acts inconsistent with this act are hereby re- 
pealed. 



56 Fish and Game Laws. 



PART V.' 
Laws relating to fish in certain localities. 

DANE COUNTY. 

92. Close season in lakes; fish, how caught. [Sec. 1, 

ch. 281, 1897. j No person between the first day of April 
and the twenty-fifth day of May of each year, shall take, 
catch or kill, or attempt to do so, any fish of any kind 
from the lakes in Dane county, known as Wingra, Waubesa, 
Kegonsa, Monona and Mendota, or from any streams or 
waters in said county connected therewith, nor shall have 
in his possession any such fish when so taken, caught or 
killed, and at no time during the year shall any fish be 
taken or attempted to be taken from any of said lakes 
and waters except by the common hook and line, except 
that whitefish may be taken with a dip net having a hoop 
not exceeding thirty inches in diameter, and then only be- 
tween the fifteenth day of November and the fifteenth day 
of December. Minnows other than young bass may be 
taken at any time in any manner. 

93. Fishing through, and buildings on, ice. [Sec. 2, 
ch. 281, 1897.] It shall be unlawful and is prohibited for 
any person to fish through the ice on any of said lakes or 
said waters with more than five lines to each person, nor 
with more than one hook attached to each line. It shall 
further be unlawful and is prohibited to construct upon the 

1 This part is composed of chs. 281 and 209, laws of 1897. The former 
was published April 23, 1897, and the latter April 12, 1897; both took effect 
from and after their passage and publication. 



Fish and Game Laws. 57' 

ice of any of said lakes or said waters any building or en- 
closure of any nature whatsoever, which shall conceal the- 
person of the occupant while engaged in fishing through 
the ice, or to occupy any building or enclosure while en- 
gaged in fishing through the ice. 

94. Penalty for, and evidence of, violation of law. 
[Sec. 3, ch. 281, 1897.] Any person who shall violate any 
of the provisions of this act shall be deemed guilty of a- 
misdemeanor, and upon a conviction shall be adjudged to pay 
a fine for the first attempt Loffense] of not less than fifty 
nor more than one hundred dollars; and for any subsequent 
offense a like fine, and to be imprisoned in the county jail 
not less than ten nor more than thirty days. The posses- 
sion in said county of any fish common to any of such lakes 
or waters, shall during the period total prohibition stated 
in the first section of this act, be deemed prima facie evi- 
dence that the same was taken, caught or killed in said 
waters in violation of this act. 

95. Officers may arrest without warrant — Rewards may 
be offered. [Sec. 4, ch. 281, 1897.] The sheriff of said 
county and his deputies, and the state fish and game war- 
den and his deputies, and each and every constable in said 
county, and the several police officers of the cities and vil- 
lages in said county are charged with the execution of this 
act, and may arrest with or without warrant in any part of 
the county any person violating the same, and bring him 
before the proper court for trial. The common council of 
the city of Madison, the board of supervisors of any town 
in said county, may offer and pay suitable rewards for the 
apprehension and conviction of any person violating the 
provisions of this act. 

96. Fines, how disposed of. [Sec. 5, ch. 281, 1897.] 
One-third of the fines imposed and collected under this act 
shall be paid to the person informing of the offense and 
prosecuting the offender to conviction; one- third shall be 
paid by the magistrate before whom the matter shall have 



58 Fish and Game Laics. 

been tried and the fines imposed, to the county treasurer 
and shall be by him designated and set apart as a fund for 
the protection of fish and game to reimburse the county 
for the moneys which it shall expend for the enforcement 
of the fish and game laws, and the remainder shall go to 
the school fund, as provided by law. 

97. Repealing clause. [Sec. 6, ch. 281,1897.] All acts 
and parts of acts relating specially to the preservation of 
fish in said lakes and streams, and conflicting with the pro- 
visions of this act are hereby repealed. 



LAKE DE NEVEU, FOND DU LAC COUNTY. 

98. Method of fishing in. [Sec. 1, ch. 209, 1897.] It 
shall be unlawful to fish for, catch, take or kill any fish in 
the waters of Lake de Neveu, in Pond du Lake county, by 
the use of any trap, spear, net or other device except fish- 
ing from a boat, with hook and line, or angling. 

99. Close season for bass, perch and pickerel. [Sec. 2, 
ch. 209, 1897.] No person shall take or kill any black or 
Oswego bass, pickerel or perch in said waters from the 
first day of September in each year to the first day of June 
following, and it shall be unlawful for any person to have 
in their possession at said lake any black or Oswego bass, 
or pickerel less than eight inches in length. 

100. Penalty. [Sec. 3, ch. 209, 1897.] Any person 
who shall violate any of the provisions of this act shall, 
upon conviction thereof, be deemed guilty of a misdemeanor, 
and shall be fined not less than five, or more than ten 
dollars, with costs of prosecution, and in default of pay- 
ment of said fine and costs shall be committed to the 
county jail not to exceed twenty days. 



Fish and Game Laws. 59 



PART VI. 

General Laws which may be applicable in applying 
the foregoing provisions. 

101. Lakes, what are navigable and public. [Sec. 1, ch. 

328, 1895.] All lakes within this state, which have been 
meandered and returned as navigable by the surveyors em- 
ployed by the government of the United States, or which 
have been so meandered and are navigable in fact, are hereby 
declared navigable and public waters, and all persons shall 
have fne right and privilege to pass to and fro, and be, 
and remain, thereon and to have and enjoy all other rights 
and privileges thereon, and thereto, to the same extent and 
with like effect as in, to, and over, and upon all other nav- 
igable or public waters within this state; provided, this 
act shall not affect pending litigation or interfere with any 
vested rights that have been heretofore acquired upon any 
such lakes or streams. 

102. Night-time, what is. [Ch. 85, laws of 1895.] The 
time [term] "night-time" when used in any statute, ordi- 
nance, indictment or information in this state, shall be 
deemed to be the time between one hour after the sun set- 
ting on one day and one hour before sunrising on the next 
day; and in all cases the time of sun setting and sunrising 
shall be ascertained according to mean time in the place 
where the term may be used, as given in any published 
almanac. 

103. Jurisdiction when counties separated by water. 
[Sec. 7, R. S. of 1878.] Whenever two counties are sepa- 
rated from each other by a river or creek, the middle of 



60 Fish and Game Laws, 

the main; channel of such river or creek shall be the di- 
vision line between them, unless otherwise provided in the- 
description of the boundaries of such counties. The coun- 
ties so separated shall have common jurisdiction of all of- 
fenses committed on the waters between them, and all writs 
and process issued in any such county may be executed at any 
place on the waters, of such river or creek opposite the 
county from which it was issued. 

104. Jurisdiction of counties bordering on lakes and 
rivers. [Sec. 8, R. S. 'of 1878.] The counties now or 
hereafter organized upon the westerly shore of Lake Michi- 
gan shall have jurisdiction in common of all offenses com- 
mitted on that part of said lake which lies within the limits- 
of this state. The counties now or hereafter organized on 
the shores of Green Bayf shall have jurisdiction in common of 
all offenses committed on that part of said Green Bay which 
lies within the limits of this state. The counties now or 
hereafter organized on the southerly shore of Lake Su- 
perior shall have jurisdiction in common of all offenses 
committed on that part of said lake which lies within the 
limits of this state. The counties now or hereafter organ- 
ized on the easterly shore of the Mississippi river shall 
have jurisdiction in common of air offenses committed on 
that part of said river which lies within the limits of this 
state. The counties now or hereafter organized on the 
shores of Lake Winnebago shall have jurisdiction in com- 
mon of all offenses committed on any part of said lake. The 
counties now or hereafter organized on the easterly shore 
of the St. Croix river or lake shall have jurisdiction in 
common, of all offenses committed against this state on any 
part of said river or lake; and all offenses committed 
against this state on any part of said waters may be heard 
and tried in either of the counties having, as aforesaid, 
common jurisdiction over such waters where such offense 
may be committed, in which legal process against the of- 
fender shall be first served, and may be alleged and shalL 



Ftsh and Game Laws. 61 

be conclusively deemed to have been committed within 
such county; and all civil process from either of the coun- 
ties aforesaid may be executed with. a and upon such 
waters as are within the jurisdiction of such county above 
given. In the construction of this section all wharves and 
piers shall be deemed part of the land with which they are 
connected. 



INDEX. 



[References are to paragraphs numbered by black figures. 

AMBUSH— 

use of, for hunting in open waters, 65. 
use of vegetation as, 90. 

AQUATIC FOWL— 

hunting between sunset and sunrise, 64. 
prohibited methods of hunting, 65-67. 

ARRESTS— 

may be made without warrant, when, 15, 20. 
when for violation of Dane county fish law, 95. 

ATTEMPT— 

to violate law is a violation, 80. 

ATTORNEY GENERAL - 

advice and assistance to state warden, 19. 

BAIT — See Medicated Bait. 

BASS— 

close season for, in inland waters, 42. 
not to be taken by nets in Green Bay, 59. 

BIG GREEN LAK 1 ^— 

in Green Lake county, close season for bass in, 42. 

BIRDS— 

catching or killing harmless, 71. 
destroying eggs or nests of, 72. 

BLIND— See Ambush. 



64 Index. 

[References are to paragraphs numbered by black figures.] 

BOATS— 

what, not to be used in hunting aquatic birds, 65, 66. • 
are public nuisances, when, 86. 
destruction of, 87. 

BRANT— See Geese. 

BUILDINGS— 

erection of, on ice for fishing purposes, 47, 48, 93. . 

access of wardens to,- 48. 

destruction of, as public nuisances, 48. 

CARRIER PIGEONS— 
interference with, 73. 

CATFISH— See Pish. 

weight of, which may be lawfully possessed, 54. 

CHINESE PHEASANTS— 

not to be taken until 1901, 68. 

COMMISSIONERS OF FISHERIES- 
how composed and styled, 1. 
appointment and terms; vacancies, 2. 
officers of board; meetings and members' expenses, 3. 
executive committee, 3. 
office and supplies, 4. 
duties and powers, 5. 

superintendent of fisheries and assistant, appointment of, 6. 
may take fish from public waters, 7. 
not to supply fish for private use, 11, 83. 

COMPLAINTS- See Forms. 

CORONERS - 

are deputy fish and game wardens; their duties, 21. 

•COUNTY CLERKS — 

issue of license for hunting deer, 29, 30, 36. 
fee payable for license, 30. 



Index. Go 

[References are to paragraphs numbered by black figures.] 

COUNTY CLERKS— continued. 

application for license, what to contain, 36. 
may administer oaths, 36. 
proceedings if blank license spoiled, 37. 

COUNTY DEPUTY FISH AND GAME WARDENS - 

appointment and removal of, 18. 
their powers and duties, 20. 
compensation of, 23. 

DANE COUNTY— 

close season for fishing in lakes and streams of, 92. 

use of nets, 92. 

fishing through the ice thereon, 93. 

construction of buildings on ice, 93. 

evidence of violation of law, 91. 

arrests may be made without warrants, 95. 

rewards for conviction of offenders, 95. 

fines,- how disposed of, 96. 

DEER— 

hunting, without license, 27, 32. 
licenses, how issued, and record of, 28. 
terms of license, 29. 

transportation of, without license coupon, 29. 
fee payable by non resident, 30. 
same by resident, 31. 
transfer of license, 32. 
use of money paid by residents, 33. 
what counties law applicable to, 35. 
application for license by non-resident, 30. 
same by resident, 36. 
changing license, 38. 
false statement as to residence, 39. 
close season for, 61. 
prohibited methods of hunting, 61. 
hunting, in Sheboygan and Fond du Lac counties, 61. 
possession of skin of, 61. 

number of, that may be killed; clause as to settlers, 61. 
5— F. & G. 



00 Indtx. 

[References are to paragraphs numbered by black figures.] 

DEER — continued. 

possession of, during close sea3on, 7G. 

serving as focd to guests during close season, 76. 

transportation of, during close season, 78, 81. 

DEPUTY FISH AND GAME WARDENS — See County Deputy Fish 
and Game Wardens; Special Deputy Fish and Game Wardens. 
That officers are, 21. 

DEPUTY SHERIFFS — 

r.re deputy fish and game wardens; their duties, 21. 

DETROIT HARBOR — 

extent of; fish, how caught in, 53. 

DEVILS LAKE — 

in Sauk county, close season for bass in, 42. 

1 
DISTRICT ATTORNEYS— 

prosecution of violators of fish and game laws, 22. 

DOOR COUNTY— 

■use of nets in waters bordering on, 57, 58. 

DUCKS - See Game. 
close season for, 63. 

hunting between sunset and sunrise, 64. 
prohibited methods of hunting, 65, 67, 69. 
transportation and sale of, 78. 

DYNAMITE - See Explosives. 

ENGLISH PHEASANTS— 

not to be taken until 1901, 68. 

EVIDENCE— 

possession of fish or game during close season, 76, 77. 

of pollution of waters by fishermen, 85. 

pf violation of law relating to fish in Dane county, 94. 



Index. 07 

[References are to paragraphs numbered by black figures.] 

EXPLOSIVES— 

use of, for catching fish, 46. 

i 
FALSE STATEMENT— 

as to residence to obtain license for deer hunting, 39. 

FEES— 

for deer hunter's license, 30, 31. 
use of, paid by residents, 33. 

FEVER RIVER— 

in Iowa and LaFayette counties, how fish caught in, 60. 

FINES— 

under fish and game laws, how used, 24. 
for violation of Dane county fish law, 96. 

FIREARMS— 

what may be used in hunting, 70. 
are public nuisances, when, 86. 
destruction of, 87. 

FISH — See Commissioners of Fisheries; Superintendent of Fisheries. 
delivery of dead or injured to charitable institution, 7. 
delivery of, during spawning season for purpose of being stripped, 8. 
taking, otherwise than as ordered by employe of commission, 9, 76. 
taking live, out of state, 10. 

not to be supplied for private use from hatcheries, 1J , 83. 
killing or injuring, on state hatchery, 12-15. 
ownership of and title to, in state, 40. ■ 
close season for bass in inland waters, 42. 
same for trout, 43. 

use of nets for taking, in inland waters, 44. 
in such waters, how, caught 45. 
use of explosives for catching, 46. 
how caught through ice, 47. 
catching while concealed by building on ice, 47. 
use of trap, medicated bait, etc., 49. 
taking, near fishway, 49. 
use of nets in Lakes Michigan or Superior or in Chequamc.gon Lay, 50. 






68 Index. 

[References are to paragraphs numbered by black figures.] 

FISH— continued. 

use of nets in Green Bay, 51, 58, 59. 

use of nets in Sturgeon Bay, 52. 

methods of catching, in Detroit Harbor, 53. 

weight of lake trout, whitefish, wall eyed pike or catfish which may 

lawfully be had in possession, 54. 
purchase of such trout by fish merchants, 54. 
whitefish and trout, use of nets in outlying waters, 55. 
use of nets in Little Sturgeon Bay, 56. 
same in waters bordering on Door county, 57. 
use of pound nets in Lake Michigan, 59. 

how taken in Pecatonica and Fever rivers and Koshkonong lake, 60. 
possession of, during close season, 76. 
serving to guests as food during close season, 76. 
sale or purchase of, during close season, 77. 
depositing substances deleterious to life of, in waters, 85. 
use of vegetation as a blind, 90. 

close season for, and method of catching, in Dane county, 92-97 
same as to Lake de Nevue, Fond du Lac county, 98-100. 

FISH EGGS — 

taking out of state, 10. 

FISHER — 

close season for, 74. 

FISHERMEN — 

in outlying waters, annual report required of, 88. 

FISH OFFAL — 

depositing, in water or leaving on ice, 85. 

FISHWAYS — 

taking fish near, 49. 

FOND DU LAC COUNTY — See Lake de Nevue. 
deer not to be hunted in, for five years, 61. 

FORMS- 

of complaint for hunting deer without license, 27 r 
same for transfer of license, 32. 



Index. CO 

[References are to paragraphs numbered by black figures.] 

FORMS— continued. 

of complaint for changing license, 3S. 

same for making false statement as to residence to obtain license, 39. 

same for taking bass during close season, 42. 

same for using net in inland waters, 44. 

same for using explosives to catch fish, 46. 

same for unlawfully fishing through ice, 47. 

same for unlawful use of nets in certain wateis, 50. 

of complaint for hunting deer during close season, 61. 

for unlawfully hunting deer, 61. 

for possession of fish or game during close season, 76. 

of affidavit for arrest for transporting fish or game, 78. 

of warrant for arrest in such cass, 78. 

of complaint in such case, 78. 

of complaints for pollution of water, 85. 

of report for fishermen on outlying waters, 88. 



GAME — See Deer and names of other species, 
ownership of, and title to, in state, 40. 
close season for feathered, 62, 63. 

aquatic fowl, hunting between sunset and sunrise, 64. 
prohibited methods of hunting, 65-67, 69. 
firearms, what may be used, 70. 
use of ferret to hunt rabbits, 74. 
close season for otter, marten and fisher, 74. 
hunting of, in standing grain, 75. 
or upon lands of another, 75. 
possession of, during closed season, 76. 
serving as food to guests during close season, 76. 
salo or purchase of, during close season, 77. 
transportation of, during that season, 78, 81. 
use of vegetation as a blind, 90. 



GEESE— 

close season for, 63. 

hunting between sunset and sunrise, 64. 

prohibited methods of hunting, 65, 67. 



70 Index. 

[References are to paragraphs numbered by black figures.] 

GOVERNOR- 

is a commissioner of fisheries, 1. 

appointment of other commissioners, 2. 

appointment of state fish and game warden, 16. 

approval of appointment of special deputy wardens, 17. 

approval of warden's and his deputies' accounts for expenses, etc., 23 

GREEN BAY— 

use of nets in, 51. 

use of gill, seine or fyke nets in, 53. 

use of pound nets in, 59. 

bass not to be taken by nets, 55. 

GROUSE— 

close season for, 62. 

HUNTING-See Game. 

upon lands on which grain is standing, 75, 

or upon lands of another, 75. 

f 
INLAND WATERS - 

what are, 41. 

JURISDICTION— 

of counties separated by water, 103. 

of counties bordering on Lakes Michigan, Superior or Winnebago, 
Green Bay, Mississippi or St. Croix rivers, 101. 

KOSHKONONG LAKE— 

how fish caught in, 60. 

LAKE DE NEVUE — 

in Pond du Lac county, fishing in, regulation of, 93-100. 

LAKE MICHIGAN — 

use of nets in, 50. 

use of pound nets in, 59. 

LAKE SUPERIOR — 
use of nets in, 50. 






Index. 71 

[References are to paragraphs numbered by black figures.] 

LAKE TROUT — 

weight of, which may be lawfully possessed, 54. 

sale of, to fish merchants, 54. 

close season for taking by nets, in out-lying waters, 55. 

LICENSE — See Deer. 

LITTLE STURGEON BAY — 

use of nets in, 56. 

MARTEN - 

close season for, 74. 

MEDICATED BAIT— 

use of, 49. 

MONGOLIAN PHEASANTS— 

not to be taken until 1901 , 68. 

MUSKRAT— 

disturbing houses of, 74. 

NAVIGABLE WATERS— 
what lakes are, 101. 
public rights on, 101. 

NETS- 

use of, in inland waters, 44. 

use of, in Lake Michigan, Lake Superior and Chequamegon Bay, 50. 

use of, in Green Bay. 51. 

use of, in Sturgeon Bay, 52. 

close season for, to take trout or whitefish in outlying waters, 55. 

use of, Little Sturgeon Bay, 56. 

use of, in waters bordering on Door county, 57. 

use of pound, in Green Bay and Lake Michigan, 59. 

vise of, for hunting animals or birds, 67. 

use of, on waters for ensnaring duck, 69. 

are public nuisances, when; destruction of, 86. 

WIGHT-TIME— 
definition of, 102. 



? 3 Index. 

[References are to paragraphs numbered by black figures.] 

NOTICE— 

forbidding hunting on private lands, how given and effect thereof, 7J 

OTTER— 

close season for, 74. 

OUTLYING WATERS— 
what are, 41. 

PARTRIDGE— 

close season for, 62. 

PECAT€>NICA RIVER— 

in Iowa and La Fayette counties, how fish caught in, 60. 

PHEASANT— 

close season for, 62. 

Chinese, English and Mongolian, not to be taken, 6t>. 

PLEADINGS — See Forms. 



PLOVER— 

close season for, 62. 

POLLUTION OF WATERS— 

what is, and what is evidence of, SI 

PRAIRIE CHICKEN— 

close season for, 62. 

PROCESS- 

who may serve and execute, 20. 

PUBLIC NUISANCES - 

seizure and destruction of, 20, 86, 87. 
buildings on ice are, when, 48. 
what are, 86. 

QUAIL— 

not to be taken until 1901, 68. 



Index. ?3 

[References are to paragraphs numbered by black figures.] 

RABBITS - 

use of ferret to hunt, 74. 

RUFFLED GROUSE— 
close season for, 62. 

RUSH LAKE— 

in Fond du Lac and Winnebago counties, provision as to close sea- 
son fur bass not applicable to, 42. 

SCIENTISTS - 

certificates to, for collecting nests, eggs, animals, etc., 70. 

SECRETARY OF STATE— 

duty as to license for hunting deer, 28-30. 

SHARPTAILED GROUSE— 
close season for, 62. 

SHEBOYGAN COUNTY— 

deer not to be hunted in, for five years, 61. 

SHERIFFS - 

arc deputy fish and game wardens; their duties, 21. 

SNARES— 

use of, for hunting, 67. 

are public nuisances, when, 86. 

destruction of, 87. 

SNIPE - 

close season for, 62. 

SPEARS— 

use of, in inland waters, 44. 

SPECIAL DEPUTY FISH AND GAME WARDENS — 

appointment of, 17. 

their duties and powers, 16, 17, 20. 

their compensation and expenses, 23. 



^4 Index. 

[References are to paragraphs numbered by black figures.] 

SPECIAL DEPUTY FISH AND GAME WARDENS— continued, 
protected from liability for performance of duty, 81, 87. 
public nuisances, what are, 86. 
destruction of such nuisances, 87. 
annual reports of, 88. 
confiscation and sale of fish and game, 20, 89. 

SPRING GUNS — 

use of, for hunting, 67. 

are public nuisances, when, 86. 

destruction of, 87. 



STATE FISH AND GAME WARDEN— 
appointment, duties and term of, 16. 
special deputy wardens, appointment and removal of, 17. 
deputies in each county, appointment and removal of, 18. 
to be advised and assisted by attorney general, 19. 
may execute process and make arrests, 20. 
investigation of violations of law, 20. 
seizure and destruction of appliances, 20, 86, 87. 
confiscation and sale of fish and game, 20, 89. 
compensation, expenses and supplies for, 23. 
deer hunting license to be countersigned, 28. 
record of such licenses, 28. 
terms of license, 29. 
examination of record of licenses, 34. 
entry into building on ice of inland waters, 48. 
destruction of such building, 48. 

certificates to scientists for collection of eggs, animals, etc., 79. 
protected from liability for performance of duty, 84, 87. 
annual report of, 88. 



STATE FISH HATCHERIES — 

entry upon grounds of, for unlawful purpose, 12. 

killing fish thereon, 13. 

injuring fish or property thereon, 14. 

arrest without warrant, 15. 

operation of, not affected by laws regulating taking, etc., of fish, 82. 



Index. ?5 

[References are to paragraphs numbered by black figures.] 

STURGEON BAY - 

erection of buildings on ice of, for fishing purposes, 47, 43. 
use of nets in, 52. 
extent of waters of, 52. 

SUGAR RIVER — 

in Green county, how fish caught in, CO. 

SUPERINTENDENT OF FISHERIES- 

appointment and salary of, 6. 

his duties, 6. 

fish for stocking purposes, how taken, 7. 

disposition of dead or injured fish, 7. 

mr.y demand fish to strip them, 3. 

may enter boats, docks, grounds, etc., 8. 

may arrest wrong doer on hatchery, 15. 

SWAN— 

not to be taken at any time, 63. 

TRANSPORTATION — 

of deer without license coupon, 29. 

of deer during close season, 29. 

of fish or game during close season, 78, 81. 

TRAPS - 

use of, for hunting, 67. 

arc public nuisances, when, 86. 

destruction of, 87. 

TROUT See Lake Trout. 

close season for, in inland waters, 43. 

ii-ihing for, iu streams stocked by state, 75.' 

shipment of, raised in private hatcheries during close season, 73. 

WALL EYED PIKE — 

weight of which may be lawfully possessed, 54. 

WATERS— 

of state, division of, into outlying and inland, 41. 
what lakes are public and navigable, 101. 
pollution of, 85. 



7G Index. 

[References are to paragraphs numbered by black figures.] 

WAUKESHA. COUNTY— 

buildings on ice of lakes of, for fishing purposes, 47. 

WHITEFISH— 

weight of, which may be lawfully possessed, 54. 
close season for taking, by nets in outlying waters, 55. 

WOODCOCK- 

close season for. 62. 






FISH AND GAME LAWS 



OB 



WISCONSIN. 



1899. 



COMPILED UNDBK DIRECTION OF 

JAMKS T. ELLARSON, 

STATE FISH AND GAME WARDEN, 




JBHABY OF CONGRESS, 

RECEIVED 

01 

MVIS10N OF DOCUMENTS. 



MADISON, WIS.: 

DEMOCRAT PRINTING COMPANY, STATE PRINTER, 
I899. 



FISH AND GAME LAWS 



WISCONSIN. 



1899. 



COMPILED UNDER DIRECTION OF 

JAMES T. ELLARSON 

STATE FISH AND GAME WARDEN, 



MADISON, WIS.: 

DEMOCRAT PRINTING COMPANY, STATE PRINTER, 

i8og. 



NOTICE. 



Notice is hereby given that all of the statutes herein 
published are in full force and effect except those sections 
tohich are amended by chapter 312, laws of 1899. 

On and after September 1, 1899, the statutes published 
herein will be in full force and effect. 

James T. I^llakson, 
State Fish and Game Warden, 

Madison, Wis. 



FISH AND GAME LAWS 

OF WISCONSIN. 



1. State warden, apppointment, duties and salary. 

Section 1489, TV. S. 1899. The governor shall appoint a state 
fish and game warden, who shall hold his office for the term of 
two years from the date of his appointment and until his successor 
is appointed and qualified; and any vacancy occurring during 
said term shall be filled by the governor for the residue of the 
term. It shall be the duty of said warden to secure the enforce- 
ment of the law for the preservation of fish and game and to 
bring or cause to be brought actions and proceedings in the 
name of the state to recover any and all fines and penalties 
provided for. Such warden shall receive a salary of eighteen 
hundred dollars 'per year and his actual expenses and disburse- 
ments while traveling in the line of his duties, such expenses and 
disbursements to be audited upon vouchers therefor approved by 
the governor. He shall also be allowed the necessary printing, 
stationery and postage and shall be furnished a suitable office in 
the capitol. 

2. Special deputy warden, how appointed — Powers. 

Section 1, ch. 312, 1899. Section 1498a, Wisconsin statutes 
of 1898, is hereby amended to read as follows: Section 1498a. 
The said warden may appoint, by and with the approval of the 
governor, thirty special deputy wardens who shall have like 
authority with the state fish and game warden in the enforce- 
2 



4 FISH AND GAME LAWS. 

ment of the laws relative to fisli and game. At least two and 
not more than four of said special wardens shall be appointed 
from eacli congressional district. Such special wardens may be 
removed by the state fish and game warden at any time and their 
places filled in like manner as at the original appointment. 

3. County wardens, how appointed — How paid. 

Section 2, ch. 312, 1899. Section 1498b, is hereby amended 
so as to read as follows: section 1498b. Whenever the county 
board of any county shall by resolution authorize the appoint- 
ment of county wardens, and shall fix the number of the same it 
shall be the duty of the county judge, district attorney and county 
clerk, acting as a board of appointment, to select the persons 
for such positions and certify their names to the state fish and 
game warden, who shall, if in his judgment such persons will 
make competent and efficient deputy wardens, issue commissions 
as deputy wardens to such persons so designated. The com- 
pensation of each of said deputy wardens so appointed for such 
county shall be fixed by the board appointing the same, and be 
paid out of the county treasury the same as salaries of other 
county officers. 

4. Wardens, deputy or county— to report. 

Section 3, ch. 312, 1899. All deputy wardens, whether special 
or county, shall make to the state fish and game warden full and 
complete reports of their transactions as such, according to the 
demand of the state fish and game warden, and shall at all times 
be held subject to his direction and control in the performance 
of their dnties. They shall also gather and transmit to the state 
fish and game warden any and all statistical information relative 
to fish and game as said state fish and game warden shall from 
time to time call for. 

5. Special wardens— compensation— how paid. 

Section 4, ch. 312, 1899. The thirty special deputy wardens 
shall each receive a per diem to be fixed by the state warden, 
by and with the approval of the governor, which per diem 



FISH AND GAME LAWS. 5 

shall include pay for such clays as each such deputy shall be 
under the direct order of the state warden to perform serv- 
ices in the enforcement of the fish and game laws, and upon 
certificate of said warden that such services have been actually 
rendered at his instance and under his direction. In addition 
to the per diem provided for, such deputies shall receive their 
actual necessary exj>enses incurred while working under the direc- 
tion of the state warden, which expenses shall be paid upon 
vouchers therefor approved by the governor and countersigned 
by said state fish and game warden. 

6. Powers and duties of wardens and deputies. 

Section 1498c, W. S. 1898. The warden and his deputies 
shall each have full authority to execute and serve all war- 
rants and processes issued by any justice of the peace or police 
magistrates or by any court having jurisdiction under any law 
relating to fish and game, in the same manner as any constable 
may serve and execute such process, and arrest without warrant 
any person by him detected in actually violating any of the 
provisions of the law relating to fish and game, and may take 
such person so offending before any court and make proper com- 
plaint. It shall further be the duty of such warden and his 
deputies, upon receiving information that any law relative to 
fish and game has been violated, to immediately cause a thor- 
ough investigation to be made and proceedings to be instituted if 
the proof at hand warrants. Such warden and his deputies may 
seize and forthwith destroy any and all apparatus designated 
by any law relating to fish and game to be a public nuisance. It 
shall be their duty to seize and confiscate in the name of the 
state any fish or game caught, killed or taken in violation of 
any law or had in possession contrary thereto, to sell the same 
at public auction and pay the proceeds to the state treasurer, less 
the expenses of such seizure and sale. It shall also be their duty 
to seize and hold subject to the order of the court all apparatus, 
appliances or devices which either of them shall have reason to be- 
lieve is being used in the violation of the fish and game law, and 



«; FISH AND GAME LAWS. 

which is not designated by law as a public nuisance, and if it be 
proven that the same is or has been, within six months previous 
to such seizure, used in violation of law the court before which 
the said apparatus, appliance or device is taken may order the 
destruction or sale of the same to the highest bidder, after having 
declared it confiscated to the state. If sold to the highest bidder 
the warden or deptuy selling it shall remit to the state treasurer 
the amount received therefor, less the expense of seizure and sale. 

7. Duty of police officers. 

Section 1498e, W. S. 1898. All sheriffs, deputy sheriffs, 
coroners and police officers are ex-officio deputy fish and game 
wardens, and it shall be the duty of each of them to assist the 
state warden or his deputies in the enforcement of the fish and 
game law upon notice being given to either of them that a viola- 
tion of law has been brought to the attention of such warden 
or either of his deputies. 

8. Attorney general's duty. 

Section 1498f, W. S. 1898. The attorney general and his 
assistants shall advise the state warden concerning the dis- 
charge of his duties and assist him in the enforcement of the fish 
and game law, aid in the prosecution of cases arising under 
such law or in which said warden or any of his deputies shall 
be interested as such officers, and conduct the prosecution when 
for any reason said warden shall deem such prosecution neces- 
sary; assist him in the investigation of matters relative to the 
law protecting fish and game and the violations thereof in such 
other manner and at such times as shall be necessary. 

9. District attorney's duty. 

Section 149Sg, W. S. 1898. It shall be the duty of every 
district attorney to prosecute actions for violations of the law 
relating to fish and game, when complaint is made by the state 
fish and game warden or any deputy, if his presence at the trial 



FISH AND GAME LAWS. 7 

of such offender against such laws shall be deemed necessary 
by the magistrate before whom the same shall be brought. 

10. Fines, how disposed of. 

Section 5, ch. 312, 1899. Section 1498h of the Wisconsin 
statutes of 1898 is hereby amended to read as follows: Section 
149 8h. The fines collected under the laws regulating the taking, 
possession, killing or transportation of fish and game, including 
the violations of the acts relative to the granting and holding 
of licenses to hunt certain game, shall be paid by the magistrate 
to the county treasurer, and one-third of said amount so received 
as fines shall be by said treasurer designated and set apart as 
a fund for the protection of fish and game and to reimburse the 
county for the moneys which it shall expend for the enforcement 
of the fish and game laws. 

11. Licenses, to scientists. 

Section 1498i, W. S. 1898. The warden may grant on satis- 
factory testimonials of well-known scientists only, a certificate to 
any member of an incorporated society of natural history 01 
to any professor of any university, school or college, or any 
person properly accredited by any such institution, authorizing 
such person or institution to collect, for scientific purposes only,, 
the nests, eggs, animals, birds and fish protected by these statutes. 
No person to whom such certificate is issued or who acts under 
the same shall dispose of any such specimens except in exchange 
for scientific purposes. 

12. Exemption from liability. 

Section 1498j, W. S. 1898. In the performance of his 
duties as warden or deputy warden, each of them shall be exempt 
from any and all liability to any person for acts clone or permitted 
or property destroyed under and by virtue of the authority of 
law. 



8 FISH ATVD GAME LAWS. 

13. Seizure of nuisance; fish and game, time to dispose 

of fish or game. 

Section 6, cli. 312, 1899. It shall be the duty of the warden, 
each of his deputies and of every sheriff, deputy sheriff, constable, 
or other peace officer to destroy forthwith any article or thing 
declared by law to be a public nuisance when found or taken in 
the unlawful use, which, according to law, makes the same a 
public nuisance; and no liability shall be incurred to the owner 
or any other person for such destruction. Said warden and each 
of his deputies may seize and take possession of, in the name 
of the state, any fish, venison, birds, fowl or game caught, taken 
or killed or had in possession contrary to the provisions of law 
relative to fish and game; and such fish, venison, birds, fowl or 
game caught, taken or killed or had in possession contrary to the 
provisions of law are hereby declared to be contraband and shall 
be sold by the warden or his deputy to the highest bidder; and 
any person purchasing the same shall have the right to use or dis- 
pose of the same in the same manner as though the said fish, veni- 
son, birds, fowl or game had been caught, taken, killed or were 
had in possession in accordance with the provisions of law, any- 
thing to the contrary notwithstanding; provided, that after the 
cost of seizure and sale shall have been paid the clear proceeds 
shall be paid into the state treasury and credited to the general 
fund. The right to have in possession and dispose of such fish 
or game so seized and sold shall expire five days after the date of 
the sale, and the protection to the purchaser given by this section 
shall then cease. 

14. State warden to report when, to governor. 

Section 7, ch. 312, 1S99. Section 14981, Wisconsin statutes, 
is hereby amended to read as follows: Section 14981. On or 
before the thirty-first day of December in each year the state 
fish and game warden shall report to the governor the transac- 
tions of his department, including the work of himself and depu- 
ties, and such other information as may be valuable to the state 



FISH AND GAME LAWS. 



9 



concerning the enforcement of tlie fish and game laws during the 
year preceding. 

15. Transportation ; penalty ; evidence ; private hatcheries. 

Section 1498m, W. S. 1898. Any person or corporation, or 
any agent or servant of the latter, who shall, for compensation 
or otherwise, transport any fish of either of the varieties for 
which a close season is prescribed by law, during such season, 
or use the stamp or brand hereinafter described in the shipment 
of any fish not raised in a private hatchery, or transport any of 
the animals, fowl or birds for which a close season is prescribed 
by law, during such season, or ship, carry or transport, offer 
or receive for shipment or transportation to any place beyond this 
state any feathered game protected by these statutes, except live 
birds and also fifty birds or fowl of any variety when the same 
are accompanied by and in the possession of the owner thereof, 
or ship, carry or transport or receive for shipment or transporta- 
tion to any place beyond this state any fish taken in the inland 
waters thereof, except that when such fish are in the personal 
charge of the owner thereof, he may carry out of the state twenty 
pounds or two such fish, and also trout raised in private hatcheries 
as hereinafter provided, or ship, transport or carry out of this 
state to sell or offer for sale any duck of any variety, or any 
snipe or plover between the first day of December and the next 
succeeding first day of September, shall forfeit not less than 
twenty-five dollars nor more than one hundred dollars for each 
such violation, to be recovered in a civil action brought in the 
name of the state by the state fish and game warden or one of his 
deputies. The possession of any such animals, fowl or birds during 
the close season therefor, for shipment or in transit, shall be prima 
facie evidence of the violation of this section. jSTothing herein 
contained shall prevent the shipment of trout raised in private 
hatcheries, the package or box containing which shall be branded 
with an iron brand as follows: "Shipped from the private hatch- 
ery of" (here insert the name of the owner and the location 
of the hatchery). It shall be the duty of every person, whenever 
any animal, fish or game of any of the kinds the taking, catching 



-(0 FISH AND GAME LAWS. 

or killing of which is prohibited by law at any or all times 
(except during the periods in which the same may be lawfully 
taken, caught or killed), is offered to him for transportation 
out of this state, to at once notify and give full particulars con- 
cerning such offer and by whom made, to the state fish and 
game warden or one of his deputies. All sections of these statutes 
relating to having in possession or under control, or the sale, 
shipment or transportation of any animal, fish, water fowl or 
bird, shall be construed to include any and all parts of the flesh 
and meat thereof. 



16. Effect of statutes. 

Section 1498n, W. S. 1898. Nothing in these statutes con- 
cerning the protection of fish and game shall effect the operation 
of state or private hatcheries, the removal of fish which have 
died from natural causes from the waters of this state, the re- 
moval of deleterious fish, with the written consent and under the 
direction of the commissioners of fisheries, the propagation or 
transportation, collecting and transplanting of fish or fish fry 
by state authority, the propagation of fish in private waters or 
the transportation of fish therefrom in the manner directed by 
law, nor the transportation of fish into or through this state 
or out of it by the commissioners of fisheries of other states or 
of the United States. 

1*7. Public nuisances, what are. 

Section 1498o, W. S. 1898. The following are declared to 
be public nuisances: 

1. Any net of any kind prohibited by law while set, placed or 
found in any waters where such net is prohibited by law from 
being used. 

2. All seines or other devices, traps or contrivances set or found 
in any waters in a manner prohibited by any law relating to 
such waters, and any and all boats found in use in the taking o£ 
fish in violation of any of the provisions of these statutes. 



FISH AND GAME LAWS. 



11 



3. All set lines, ropes or cables with more than one line 
attached thereto, either directly or indirectly. Set lines are 
construed to mean any line not held by the person using the 
same, whether having one or more hooks. This sub-division 
applies to inland waters only. 

4. Any nets spread upon or under the surface of any of the 
waters of the state which shall or might entrap or ensnare any 
wild fowl of any kind. 

5. Any trap, snares, spring gun, set guns or other device of 
contrivance which might entrap, ensnare or kill any animals, 
birds or water fowl protected by law. 

6. Section 8, ch. 312, 1899. Any boats, lamps or lights when 
used in the unlawful taking or attempting to take fish or game. 

7. Any pivot or swivel gun or other firearm, not habitually 
held at arm's length and discharged from the shoulder, while the 
same shall be in unlawful use. 

8. Any screen set in the public waters of the state to prevent 
the free passage of fish, or set in any stream which shall have been 
stocked by the commissioners of fisheries. 

9. Any boat, floating raft, box or blind set in open water or 
outside a natural growth of grasses or rushes sufficiently high 
to conceal the boat, raft or blind, or an artificial blind set in 
open water for the unlawful pursuit, hunting or shooting of any 
wild duck, goose or brant. 

Section 9, ch. 312, 1899. Sub-division 10, section 1498o, 
Wisconsin statutes of 1898, is hereby amended to read as follows: 
Sub-division 10, section 1498o. All decoys set in any of the 
waters of the state, during the close season for the hunting of 
any variety of water-fowl as prescribed by law, and any decoys- 
set in the water more than two hundred feet from the cover, 
which said cover shall be construed to mean the weeds, rushes- 
or other vegetation in which the hunter may locate, or any place 
in which the hunter shall wholly or partially conceal himself. 

11. The unlawful use of any of the articles mentioned in 
this section, contrary to the provisions of law, shall forfeit the 
same, to the state, and upon their being found under any of the 



12 FISH AND GAME LAWS. 

conditions which shall render them public nuisances as specified 
herein they may be immediately destroyed. 

18. Licenses— Kinds — To whom. 

Section 10, ch. 312, 1899. Section 1498p, Wisconsin statutes 
of 1898, is hereby amended to read as follows: Section 1498p. 
The secretary of state shall issue licenses for the hunting of game 
in the manner and under the conditions hereinafter stated. All 
such licenses issued to non-residents shall be countersigned by 
the state fish and game warden. All fees for such licenses shall 
be paid to the secretary previous to the issuing thereof, and 
shall be by him paid to the state treasurer. The secretary of 
state shall procure the printing of all licenses for the hunting 
of game, and a record of such licenses issued to non-residents 
shall be kept in the office of the fish and game warden. All 
licenses to persons who are residents of the state shall be num- 
bered consecutively at the time they are printed, and shall be 
furnished by the secretary of state to the clerks of the several 
counties in the state. Such clerks shall issue the same upon 
the terms and conditions hereinafter provided. Two forms of 
licenses for non-residents shall be issued,, to-wit: One for hunt- 
ing of deer, and the other for the hunting of game protected 
by the laws of the state with the exception of deer. Provided, 
that a person holding a license for the hunting of deer is hereby 
authorized to hunt for any game protected by the laws of the state 
during the seasons and under the conditions prescribed by law, 
and during the calendar vear in which such license is issued. 



19. Licenses — Non-resident — Transportation of deer un- 
der. 

Section 11, ch. 312, 1899. Section 1498q, Wisconsin stat- 
utes of 1898, is hereby amended so as to read as follows: Section 
14-9 8q. Each license for the hunting of game issued under the 
provisions of law shall state for what year the same is granted, 
and shall be valid for no other period, nor for any time or sea- 
son than that which the law shall designate to be the open sea- 



FISH AND GAME LAWS. 1 o 

son for game permitted to be hunted, taken or killed by the 
terms of such license, subject to the proviso that all kinds of 
game can be hunted in their season and under the condition of 
law by a person holding a license for the hunting of deer. The 
licenses for non-residents of the state for the hunting of deer and 
the general game licenses for non-residents of the state shall each 
be numbered consecutively when issued from the office of the sec- 
retary of state, and be upon paper of color differing the one from 
the other; and both of these licenses provided for non-residents 
shall differ essentially in color from the licenses provided to be 
furnished to residents. The licenses shall contain the name and 
place of residence of the licensee, and such other matter and infor- 
mation as may be required by the secretary of state and the state 
fish and game warden, to identify the licensee or more perfectly 
guard against violations of law. The licenses issued to persons 
not residents of this state shall recite that the licensee is a non- 
resident of the state ; those prepared for issuance to the residents 
of the state shall state that the licensee is a resident; all coupons 
or stubs shall contain like information. Each license issued by 
the county clerks shall be provided with two stubs, indicating the 
number of the license, to whom granted, the residence of the 
licensee, and such other information as may be required by the 
secretary of state and state fish and game warden. One of such 
stubs shall be detached by the clerk issuing the license and shall 
be sent to the state fish and game warden by him; the other 
stub shall be retained in the office of the county clerk and become 
a part of the records. Each license for the hunting of deer, issued 
to a non-resident of the state, shall be provided with two coupons 
containing the essential information of the license relative to the 
number of the license and the licensee, and such other informa- 
tion as the secretary of state and the state fish and game warden 
may determine to embody therein, including the express state- 
ment that the licensee is a non-resident of the state. Each 
coupon shall be divided into three sections, lettered "A," "B" 
and "C," respectively. The holder of a non-resident license shall 
be entitled to offer for transportation and have transported with- 
in or without the state by a common carrier of this state one car- 



14 FISH AND GAME LAWS. 

cass of a deer or part of a carcass of a deer on each of the two cou- 
pons attached to his license. The agent receiving the carcass or 
part of a carcass for transportation shall detach section "A" of the 
coupon on which the same is to be transported, and forward said 
section to the state fish and game warden. Section "B" and "C" 
are to be attached to the carcass or part of carcass of deer received 
for transportation, and all three sections of the coupon must be 
canceled by the said receiving agent with the date of reception 
for shipment and his initials written or stamped plainly thereon. 
While in transit within the state, sections "B" and "C" of the 
coupon must be on the carcass of deer or part of carcass of deer, or 
the said carcass or part of carcass shall be subject to seizure as con- 
traband game. If the place of delivery of said carcass or part of 
carcass is within the state of Wisconsin, the delivering agent of 
the common carrier or transportation company, shall before the 
delivery to the consignee, detach section "C" of the coupon, and 
forward said section to the state fish and game warden, leaving 
section "B" attached to the carcass or part of carcass. The receiv- 
ing and delivering agents or employes of transportation companies 
or common carriers required to transmit the the state fish and game 
warden sections of the coupons as herein required must so trans- 
mit the same within two days of the date of shipment or delivery 
respectively. If the carcass or part of carcass of deer be con- 
signed to a point without the state of Wisconsin the agent, 
servant or employe of the transportation company or common 
carrier who shall be in charge of the carcass or part of carcass 
while in transit within the state, shall detach section "C" of the 
coupon, and deliver the same to the agent, servant or employe 
of the transportation company or common carrier at the last sta- 
tion or place in the state where the train or other conveyance 
of the said transportation company or common carrier shall stop, 
and it shall be the duty of the said agent, servant or employe 
of the said transportation company or common carrier to whom 
said section of the coupon is delivered to immediately forward 
the same to the state fish and game warden, after writing or 
stamping thereon the name of the station or place and date of 
reception thereat of said section of said coupon. Any agent, 



FISH AND GAME LAWS. 



15 



servant or employe of any transportation company or common 
carrier who shall receive for shipment or transport, or have 
in his possession with intent to ship or transport any carcass of 
•deer or part of carcass of a deer without having the coupons or 
sections of coupons attached thereto as herein provided, or who 
shall refuse or neglect to detach the section of the coupons as 
herein provided, or who shall fail to transmit or forward to the 
state fish and game warden as herein provided the sections by 
him detached, shall be punished by a fine of not less than twen- 
ty-five dollars nor more than one hundred dollars, or by impris- 
onment in the county jail not less than thirty days nor more 
than three months, or by both such fine and imprisonment in 
the discretion of the court. No transportation company or com- 
mon carrier shall receive for transportation, or transport or at- 
tempt to transport any carcass of deer or part of a carcass 
■of deer unless the same shall be received for transportation, 
carried and delivered pursuant to the provisions of this sec- 
tion relative to the coupons and parts of coupons, and shall 
only be received for shipment, carried or delivered during 
the season or time which the laws of the state shall fix as the 
open season for the transportation of carcasses of deer or parts 
of carcasses of deer. 

20. Non-resident, who is— License for deer; other game. 

Section 12, ch. 312, 1899. Section 1498r, Wisconsin stat- 
uates of 1898, is hereby amended to read as follows: Section 
149 8r. Every person who has not resided in this state for one year 
]3revious to the time of applying for a license to hunt any of 
the game protected by the laws of the state of Wisconsin shall, 
for the purpose of obtaining a license to hunt game, be consid- 
ered a non-resident thereof, and shall, in order to be entitled to 
a license for the pursuing or killing of game in this state during 
the seasons or times which the law permits the hunting, pursuit 
or killing of game, pay to the secretary of state the following 
sums, to-wit: For a license to hunt deer in the season therefor 
as fixed by law, which said license shall include permission to 



16 FISH AND GAME LAWS. 

limit any and all other kinds of game protected by law, in the sev- 
eral seasons or times fixed therefor, twenty-five dollars; for the 
hunting of all kinds of game protected by the laws of the state, in 
the seasons or times fixed therefor by law, with the exception of 
deer, ten dollars. The application for either of snch licenses shall 
state the residence of the applicant and answer snch other ques- 
tions or give such other information as may be required by the 
secretary of state and the state fish and game warden and be 
verified by the affidavit of the applicant that the residence stated 
and the answer made or information given are true. 

21. Resident, who is— License/who to issue— Fee— Deer, 
how transported. 

Section 13, ch. 312, 1899. Section 1498s, Wisconsin stat- 
utes of 1898, is hereby amended so as to read as follows: Sec- 
tion 1498s. Every person who has resided in this state for one 
year previous to applying for a license to hunt game and who 
desires to hunt the same must first obtain a license from the 
county clerk of the county in which he resides, which said license 
shall be issued by said county clerk, under seal, upon blanks 
furnished by the secretary of state. Said license shall certify 
that the licensee is a bona fide resident of the state of Wisconsin 
and give a description of such person such as shall be required 
by the secretary of state and the state fish and game warden in 
the blank licenses furnished to said county clerk. The appli- 
cant for such license shall show that the licensee is a resident of 
this state, shall give his residence and his post office address, 
shall contain a description of his person, and such other infor- 
mation as shall be required by the secretary of state and the 
state fish and game warden, shall be verified by the affidavit of 
the applicant and some resident of the county other than him- 
self acquainted with the facts set forth in the application. The 
county clerk shall receive with each such application for license 
the sum of one dollar, ten cents of which he shall retain and 
the remainder he shall transmit to the state treasurer. The 
license so issued to any resident of this state shall have attached 
two coupons for the shipment of deer. Each coupon shall be 



FISH AND GAME LAWS. 



17 



divided into two sections lettered "A" and "B" respectively. 
The holder of a resident conpon license shall be entitled to offer 
for transportation or have transported within the state by a 
common carrier of this state one carcass of a deer or part of 
carcass of deer on each of the two coupons attached to his license. 
The agent receiving the carcass or part of carcass for transporta- 
tion shall detach section "A" of the coupon on which the same 
is to be transported and forward said section to the state fish and 
game warden. Section "B" is to be attached to the carcass or 
part of carcass of deer received for transportation and the two 
sections of the coupon must be canceled by the said receiving 
agent with the date of reception for shipment and his initials writ- 
ten or stamped plainly thereon. AYhile in transit section "B" 
of the coupon must be on the carcass or part of carcass of deer, 
or the said carcass or part of carcass of deer shall be subject to 
seizure as contraband game. The receiving, agent or employe 
of transportation companies or common carriers are required to 
transmit to the state fish and game warden section "A" of the 
coupon as herein required, must so transmit the same within two 
days of the date of shipment. Any agent, servant or employe 
of any transportation company or common carrier who shall re- 
ceive for shipment or transport any carcass of deer or part 
of carcass of deer without having the coupon attached thereto 
as herein provided, or who shall refuse or neglect to detach sec- 
tion "A" of the coupon as herein provided, or who shall fail 
to transmit or forward to the state fish and game warden as 
herein provided the section by him detached, shall be punished 
by a fine of not less than twenty-five dollars nor more than one 
hundred dollars, or by imprisonment in the county jail not less 
than thirty days nor more than three months, or by both such 
fine and imprisonment, in the discretion of the court. No trans- 
portation company or common carrier shall receive for transpor- 
tation, or transport or attempt to transport any carcass of deer 
or part of a carcass of deer unless the same shall be received for 
transportation, carried and delivered pursuant to the provisions 
of this section relative to the coupons and parts of coupons, and 
shall only be received for shipment, carried or delivered during 



18 FISH AND GAME LAWS. 

the season or time which the laws of the state shall fix as the 
open season for the transportation of carcasses of deer or parts of 
carcasses of deer. 



22. Non-resident, how may hunt. 

Section 14, ch. 312, 1899. It shall be unlawful and is hereby 
prohibited for any non-resident of this state to hunt for, pursue, 
take, catch or kill any of the animals, fowls or birds protected 
by the laws of this state without having in his possession at the 
time of such taking, catching or killing a license therefor duly 
issued to him under the provisions of this act. Only one license 
shall be issued to any person in any one year, except the same 
shall have been destroyed and a duplicate shall be issued upon 
proper proof. 

23. Resident, how and when may hunt. 

Section 14a, ch. 312, 1899. It shall be unlawful, and is 
hereby prohibited, for any resident of this state to hunt for, 
pursue, take, catch or kill any of the aquatic fowls or deer pro- 
tected by the laws of this state or to pursue, take, catch or kill 
any of the other fowls or birds protected by the laws of this 
state with dog or dogs, without having in his possession at the 
time of such pursuing, taking, catching or killing, a license 
. therefor duly issued to him under the provisions of this act. 

Hunting without license. 

Form- of Complaint. 

State of "Wisconsin, ) 

)ss. 

County of . ) 

-, being duly sworn, says that on the — day of , 

in the vear 189- at said county, (name of the ac- 
cused) did pursue, (hunt or kill) (state what), without at such 
time being in possession of a license authorizing him, then and 
there, to pursue, (hunt or kill) animals, fowls or birds, contrary 



FISH AND GAME LAWS. 19 

to the provisions of section , of chapter 312, of the laws of 

said state for 1899, and against the peace and dignity of the 
state of Wisconsin. 



Subscribed and sworn to before me 
this day of , A. D. 189- 



Jnstice of the Peace. 

24. Wardens may examine records. 

Section 15, ch. 312, 1899. Section 1498t, Wisconsin stat- 
utes of 1898, is hereby amended to read as follows: Section 
149 8t. The state fish and game warden, or either of his deputies 
may, at any time examine the records of licenses issued by county 
clerks. 

25. Non-resident transportation of game out of state; 

limit of. 

Section 17, ch. 312, 1899. It is unlawful and is prohibited 
for any person holding a non-resident license as herein described 
to take out of the state more than fifty birds, fowls or animals, 
protected by the laws of this state, in any one year. Provided, 
that this section shall be construed to mean that when fifty birds, 
fowls or animals of any kind or variety have been taken from the 
state by holder of a non-resident license further right to take 
any kind of birds, fowls or animals by the holder of the said 
license shall cease. JnTo transportation company or common car- 
rier shall receive for transportation or shipment out of the state 
any birds, fowl or animals protected by the laws of the state, 
except when the same shall be in the personal possession of, or 
carried as baggage or express by the owner thereof, and such 
owner shall have in his possession at the time of such taking 
out of the state a non-resident license duly issued to him under 
the provisions of law, and shall accompany the said birds, fowls 
or animals on the same train or other conveyance of the com- 
mon carrier beyond the borders of the state. Any person who 
. shall violate any of the provisions of this section shall be pun- 
ished by a fine of not less than fifty nor more than two hundred 



20 FISH AND GAME LAWS. 

dollars, or by imprisonment in the county jail not less than sixty 
days nor more than six mouths, or by both such fine and impris- 
onment, in the discretion of the court. 

26. Resident, how may transport game. 

Section 18, ch. 312, 1899. It is unlawful and is prohibited for, 
any person a resident of this state to ship within or without this 
state any birds, fowls or animals protected by the laws of this 
state, except when the same shall be in the personal possession of 
or carried as baggage or express by the owner thereof, and such 
owner shall have in his possession a resident license duly issued 
to him under the provision of law, and shall accompany the said 
birds, fowls or animals on the same train or other conveyance. 
Any person who shall violate any of the provisions of this sec- 
tion shall be punished by a fine of not less than fifty dollars nor 
more than two hundred dollars, or by imprisonment in the county 
jail not less, than sixty days nor more than six months, or by both 
such fine and imprisonment, in the discretion of the court. 

27. Packages containing fish or game, how marked. 

Section 19, ch. 312, 1899. It is hereby required that any 
and all packages containing fish or game shall be labeled in 
plain letters en the address side of the package, so as to disclose 
the fact that said package contains fish or game, and the nature 
of the said fish or game so contained in said package. Any per- 
son who shall deliver to a common carrier for transportation any 
package or parcel containing fish or game, which said package 
or parcel shall not be so labeled as herein required, or who shall 
place upon said package or parcel a false statement as to the con- 
tents thereof, shall be punished by a fine of not less than twenty- 
five dollars nor more than one hundred dollars, or by imprison- 
ment in the county jail not less than thirty days, nor more than 
ninety days, or by both fine and imprisonment. 



FISH AND GAME LAWS. 21 

28. Packages containing fish or game shall hear name of 

owner or consignor. 

Section 20, eh. 312, 1899. Every person delivering to a 
common carrier a package or parcel containing fish or game shall 
place upon said package the name and address of the owner or 
consignor of said package or parcel. Any person violating the 
provisions of this section, shall upon conviction thereof, be pun- 
ished by a fine of not less than ten dollars, nor more than fifty 
dollars. 

29. Penalty for transporting fish or game without mark- 

ing. 

Section 21, ch. 312, 1899. It shall be unlawful and is hereby 
prohibited for any common carrier or agent, servant or employe 
of a common carrier, to receive for transportation or transport 
any package or parcel containing fish or game unless the same 
shall be labeled as provided in sections 19 and 20 of this act. 
Any person, firm or corporation violating the provisions of this 
section shall be required to x forfeit to the state of Wisconsin a sum 
not less than twenty-five dollars nor more than one hundred 
dollars, in the discretion of the court. 

30. Packages, when officers may open. 

Section 22, ch. 312, 1899. It shall be within the power of' 
every officer charged with the enforcement of laws protecting fish 
and game to examine and open any package in the possession 
of a transportation company, which said package he shall sus- 
pect or have reason to believe contains contraband fish or game. 
It is hereby made the duty of every common carrier, agent, 
servant or employe thereof, to permit any officer charged with the 
enforcement of laws for the protection of fish and game to ex- 
amine and open any package or parcel in the possession of said 
common carrier, or agent, servant or employe thereof, which 
the said office^ so charged with the enforcement of said laws 
shall suspect or have reason to believe contains fish or game pro- 
tected by the laws of the state, and not entitled under such law 



22 FI SH AND GAME LAWS. 

to be transported, or when the said officer shall suspect or have 
reason to believe that the said package or parcel is falsely labeled. 
Any person, firm or corporation refusing to an officer charged 
with the enforcement of the fish and game laws permission to 
examine or open any such package or parcel or shall in any man- 
ner hinder or impede such action by the said officer, shall forfeit 
to the state of Wisconsin a sum not less than fifty dollars nor 
more than one hundred and fifty dollars, in the discretion of the 
court. 

31. Fish or game, when not to be brought into this state. 

Section 23, ch. 312, 1899. It shall be unlawful and is hereby 
prohibited for any person, firm or corporation acting as common 
carrier to bring into this state any fish or game from any state 
during the time that such other state prohibits the transportation 
of such fish or game from said state to a point without the same. 
Any person, firm or corporation violating the provisions of this 
section shall be required to forfeit to the state the sum of not less 
than twenty-five dollars nor more than one hundred dollars, in the 
discretion of the court. 

32. Officers of other states, when may act in this state. 

Section 21, ch. 312, 1899. Any officer of any other state 
. who is by tho laws of said state authorized or directed to enforce 
the fish and game laws of said state is hereby designated and 
declared an agent of said state within this state. And it shall 
be lawful for said officer to follow any fish or game unlawfully 
shipped or taken from his state into this state and seize the same, 
and convey the same back to his own state, and so far as con- 
cerns said fish or game so shipped or brought from said state into 
this state, the laws of the state from which the same was brought 
into this state shall be declared to be and are hereby constituted 
the laws of this state concerning such fish or game. And trans- 
portation companies are hereby authorized to deliver to such offi- 
cer of another state, upon submission of proper proof of his offi- 
cial capacity, any fish or game so demanded or seized by him, and 



FISH AND GAME LAWS. 23 

he, the said officer, is hereby authorized to take with him such 
fish or game to his own state. Or the said agent may dispose of 
said fish or game within this state, in accordance with the laws 
of the state from which the same was shipped, such disposition to 
be made under the supervision of an officer of this state author- 
ized and directed to enforce fish and game laws, and the expenses 
of such officer for his assistance shall be made a lien upon such 
fish or game, or the proceeds thereof. 



33. Possession of fish or game during close season pro- 
hibited. 

Section 25, ch. 312, 1899. It shall be unlawful and is 
prohibited to have in possession during the close season therefor, 
any of the varieties of fish or game protected by the laws of this 
state, except whitefish and lake trout, whether the same shall 
have been lawfully or unlawfully taken, and it is hereby made 
the duty of any owner or occupant of any cold-storage warehouse 
or building used for the storage or retention of fish or game to 
permit the entry and examination of the premises by any officer 
authorized to enforce fish and game laws. And the said owner, 
occupant, or agent or servant, or employe thereof, shall' deliver to 
said officer or agent any fish or game in his possession during the 
close season therefor, whether the same shall have been taken 
within or without this state, and whether the same shall have been 
taken lawfully or unlawfully. Any person who shall have in 
his possession or under his control any fish or game protected by 
the laws of this state, or who shall refuse to permit any officer 
charged with the enforcement of fish and game laws, entry into 
any cold-storage warehouse, and possession of any fish or game 
therein contained, during the close season for such fish or game, 
shall be punished by a fine of not less than fifty dollars, nor more 
than one hundred and fifty dollars, or by imprisonment in the 
county jail not less than sixty days nor more than four months, 
or by both such fine and imprisonment. 



24 FISH AND GAME LAWS. 

34. Resident, when may keep deer meat. 

Section 25a, ch. 312, 1899. Any person residing in this state 
who shall lawfully kill any deer may keep and consume the meat 
thereof in his own family by serving a written notice on the 
game warden or deputy warden on or before the last day of 
the open season for killing of deer, which notice shall state as 
near as may be when and where said deer was killed and the 
number of pounds of venison then in his possession, and that the 
same is to be kept and used for his own family. 

35. Title of fish and game in state. 

Section 26, ch. 312, 1899. Section 4560, Wisconsin statutes 
of 1898, is hereby amended to read as follows: The ownership 
of and the title to all fish and game in the state of "Wisconsin is 
hereby declared to be in the state, and no fish or game shall be 
caught, taken or killed in any manner or at any time, or had in 
possession except the person so catching, taking,, killing or hav- 
ing in possession shall consent that the title to said fish and game 
shall be and remain in the state of Wisconsin for the purpose of 
regulating and controlling the use and disposition of the same 
after such catching, taking or killing. The catching, taking, 
killing or having in possession of fish or game at any time, or in 
any manner, or by any person, shall be deemed a consent of said 
person that the title of the state shall be and remain in the state 
for said purpose of regulating the. use and disposition of the 
same, and said possession shall be consent to such title in the 
state whether said fish or game were taken within or without this 
state. 

36. Wardens of other states, when agents of this state. 

Section 27, ch. 312, 1899. The state game warden of every 
other state, and his deputies and all other officers charged with 
the enforcement of fish and game laws are hereby designated 
the agents of this state for the taking possession of, seizing, hold- 
ing and disposing of any fish and game protected by the laws of 
this state. 



FISH AND CAME LAWS. 25 

37. Fish or game from other states, when not to he 

Drought into this state. 

Section 28, ch. 312, 1809. It shall be unlawful and is pro- 
hibited for any person, firm or corporation or common carrier 
to ship into, or through this state from any other state any fish 
or game prohibited by the laws of said state to be shipped or 
transported and it shall be the duty of the state fish and game 
warden of this state or his deputy, to seize, hold, and dispose of, 
according to the laws of this state, any fish or game brought into 
or shipped into this state, or carried through, or attempted to be 
carried through this state, prohibited to be so shipped or trans- 
ported by the laws of any other state, and further to dispose of 
the same according to the laws of this state. Any person, firm 
or corporation violating the provisions of this act shall be re- 
quired, upon due proof thereof, to forfeit a sum not less than 
twenty-five dollars nor more than one hundred dollars, in the dis- 
cretion of the court. 

38. License fees, how disposed of— Payment of wardens. 

Section 29, ch. 312, 1899. AIL such license money so re- 
ceived shall be set aside by the state treasurer and shall constitute 
a fund for the payment of the special deputy game wardens. 
The liability of the state for per diem salaries and expenses of 
deputy game wardens appointed under this act or otherwise and 
for all other services and expenses incurred, for any purpose 
under or in consequence of this act shall be limited to the 
license fees paid in pursuance of this act, and in no event shall 
the state pay any such salaries or expenses or be liable in any 
manner therefor. Except to the extent of such license fees re- 
ceived by it under this act, any contract, express or implied, of 
the game warden to the contrary notwithstanding. And said 
game warden shall not issue any voucher, nor shall the gov- 
ernor approve any voucher, if issued by said warden, under the 
provisions of this act or otherwise for any such per diem, salary, 
services, or other expenses of any kind, unless the money to 



2(3 FISH AND GAME LAWS. 

pay such voucher, received for license issued under this act, 
shall at the time be on hand to pay the same. 



39. Hunting without license; penalty. 

Section 30a, ch. 312, 1899. Section 4562a of the Wiscon- 
sin statutes of 1898, is hereby amended to read as follows: Sec- 
tion 4502a. Any person who shall pursue, hunt or kill game, 
protected by the laws of this state without being at the time of 
such pursuing, hunting or killing in possession of a license duly 
issued to him, which license shall cover the period in which he 
shall be so pursuing, hunting or killing such game, or who shall 
furnish to another person, during the open season for such game 
or permit such another person to have, during such season, a 
license issued to him, shall be fined not less than fifty dollars 
nor more than two hundred dollars, or be imprisoned in tin 
county jail not less than two months nor more than six months. 

40. Waters classified. 

Section 4560a, W. S. 1898. All rivers, including the Mis 
sissippi river to the center of its channel, streams, lakes and 
other waters within the jurisdiction of this state are hereby 
designated as inland waters, except Lakes Michigan and Su- 
perior and the harbors and bays immediately connected there- 
with, Green Bay from the mouth of the Fox river, comment 
ing at the most easterly point in section 24, township 24 north 
of range number 20, east of the fourth principal meridian, being 
the angle between the third and fourth runs or courses of the 
survey of the meander line of said section 24 as shown by the' 
original plat of the survey of said township of record in the land 
office of this state, running thence south forty-five degrees east, 
until the line reaches the main land in township 24 north, of 
range number 21 east, Lakes St. Croix and Pepin. The waters 
herein excepted from the inland waters are declared to be out- 
lying waters. 



FISH AND GAME LAWS. 27 

41. Close season — Bass— Mnskallonge— Pike. 

Section 1, ch. 31-1, 1809. Section 4560b of the Wisconsin 
statutes of 1898 is hereby amended to read as follows: Section 
4560b. Any person who shall kill, capture or take by any device 
whatever, or any manner in any of the inland waters of this 
state, any black bass, muskallonge and pike, Oswego bass, or 
yellow bass between the first day of March and the twenty-fifth 
day of May next succeeding, (except that in Big Green lake 
in Green Lake county the closed season for such bass shall be 
from the first day of March to the first day of July next succeed- 
ing, and in Devils lake, in Sauk county, the close season for 
such bass shall be from the fifteenth day of December to tho 
fifteenth day of June, or who shall take or kill such bass in the 
waters of Geneva lake, in Walworth county, of a length less 
than six inches), shall be punished by a fine of not less than 
ten dollars nor more than twenty-five dollars, or by imprison- 
ment in the county jail for not more than ten days; but the 
close season above prescribed in this section shall not apply to 
Rush lake in Fond du Lac and Winnebago counties, or Genevr* 
lake in Walworth county. 

42. Close season for trout. 

Section 2, ch. 311, 1899. Section 4560c of the Wisconsin 
statutes of 1898 is hereby amended to read as follows: Section 
4560c. Any person who shall fish for, catch or kill in any of the 
inland waters of the state, with any device or in any manner, 
any variety of trout between the first day of September and the 
succeeding fifteenth day of April, or who shall sell, offer for 
sale or barter any brook trout caught in any of the streams, 
ponds or lakes of this state, shall be punished by a fine of not 
less than ten dollars nor more than fifty dollars, or by imprison- 
ment in the county jail not exceeding thirty days, or by both 
such fine and imprisonment; provided, that this section shall not 
prohibit the catching, for sale or barter, of brook trout raised 
and propagated in any of the streams, ponds or lakes of this state 
by the owners thereof or their agents. 



gg FlSH A1 ^ D CAME LAWS. 

Taking fish during" close season. 

Form of Complaint. 

State of Wisconsin, ) 

)ss. 

County of . ) 

, being duly sworn, says that on the day 

of , in the year 189 — , at said county, 



(name of the accused), did kill (capture or take), or did kill, cap- 
ture and take, in the stream, being a part of the inland 

waters of said state as defined by chapter 311 of the laws of Wis- 
consin for 1899, a (state what), during the close season therefor, 
contrary to the provisions of section 1 of said chapter, and against 
the peace and dignity of the state of Wisconsin. 



Subscribed and sworn to before me 
this day of : , A. D. 189- 



Justice of the Peace. 

43. Nets, traps, and snares in inland waters. 

Section 3, cli. 311, 1899. Section 15G0d, Wisconsin statutes 
of 1898, is hereby amended to read as follows: Section 4560d. 
Any person who shall, except as provided herein, set, place or 
use in any of the inland waters of the state any net of any va- 
riety, or any trap, or any snare, of any kind, which shall be in- 
tended to or might catch, take or kill fish shall be punished by a 
fine of not less than twenty-five dollars nor more than one hun- 
dred dollars, and be imprisoned until such fine be paid, not ex- 
ceeding ninety days; provided, that dip nets may be used in said 
waters to take whitefish between the first day of November and 
the succeeding eighth day thereof, and in taking shiners, chubs, 
dace, suckers, carp, red-horse, sheepshead, dogfish, garfish, stur- 
geon, catfish and bullheads in any stream not frequented by or 
containing trout of any variety. Set lines may be used in the 
waters of lake Winnebago, lake Butte des Morts, lake Winne- 
conne, lake Poygan and the river connecting said lakes and the 
Mississippi river, for the purpose of taking catfish or sturgeon 



FISH AND GAME LAWS. £9 

under the following restrictions : any person who shall put out a 
set line shall first procure from the county clerk of any county 
bordering on such waters, a license for that purpose, which shall 
be issued to him the same as hunting licenses are issued. lie 
shall also procure from the said county clerk and attach to each 
one hundred yards or fraction thereof of set line, a metal tag. 
The license shall be numbered and the metal tag issued to any 
license -holder shall be stamped to correspond with the number 
of the license. The licensee shall pay one dollar for such license 
and twenty-five cents for each metal tag. The proceeds thereof 
shall go to the county issuing the same to be used to enforce the 
state game laws. .No person shall assist in setting or in taking 
np a set line who does not possess a license. Any person who* 
shall set such line shall maintain at each end thereof a white 
flag not less than sixteen inches square, and such flag shall be 
placed at least two feet above the water, and shall be numbered 
with figures at least three inches in size to correspond with the 
number of the license possessed by the person setting the line. 
Any game warden or deputy game warden or person having the 
powers of the game warden within the provisions of the laws 
of this state, is authorized to raise at any time, with as little dam- 
age as may be, any set line to see if the same is set according to 
the provisions of this act. The state game warden is hereby au- 
thorized and required to furnish to county clerks, upon applica- 
tion, the licenses and tags provided for herein. Any person 
who shall be convicted of violating the provisions of this act shall, 
if he possesses a license under the provisions of this act, forfeit 
the same and shall not be granted another license for the term of 
three years, and shall be further punished by a fine or imprison- 
ment, as provided by section 45601. Set lines set in violation of 
the provisions of this act shall be considered public nuisances. 

44. Spearing fish in inland waters. 

Section 4, ch. 311, 1899. It shall be unlawful, and is pro- 
hibited, to use a spear for the purpose of taking, catching or kill- 
ing any fish in the inland waters of the state, except suckers, 



30 FISH AND GAME LAWS. 

carp, sheepshead, dogfish, garfish, redhorse, sturgeon, catfish and 
bullheads, and other fish not protected by the laws of the state. 
And it shall be unlawful to use a spear for the taking of these 
fish so mentioned and excepted only in the daytime. Any person 
who shall use a spear for the purpose of taking or attempting to 
take any fish of the varieties protected by the laws of the state, 
or who shall use said sp^ar in such taking or attempting to take 
at any other time than in the day time shall be deemed guilty of 
a misdemeanor and be punished by a fine of not less than ten, nor 
more than fifty dollars, or by imprisonment in the county jail 
not less than thirty nor more than ninety days. 

Form of Complaint. 

State of Wisconsin, ) 

)ss. 

County of . ) 

— , being duly sworn, says that on the day 

of , 189 — , at said county, (name of the ac 

cused) did unlawfully set, place and use in the stream (river, 

lake or pond) known by the name of , the same being one 

of the inland waters of said state as defined by section 4560a of 
the Wisconsin statutes for 1898, a net, the same not being a dip 
net (if a trap or snare net was used make the allegation accord- 
ing to the fact) which was intended to and might catch, take and 
kill fish ; that said net (trap or snare, as the case may be) was set, 
placed and used contrary to the provisions of section 3, of chap- 
ter 311, of the laws of Wisconsin for 1899, and against the peace 
and dignity of the state of Wisconsin. 



Subscribed and sworn to before me 

this day of , A. D. 189- 



Justice of the Peace. 

[If the offense consists in setting a dip net, the complaint must 
negative the fact that it was set to catch whitefish between the 
first day of November and the succeeding eighth day of Novem- 
ber; and also that it was used in taking shiners, chubs, dace, 
suckers, sheepshead, dogfish, garfish, redhorse, sturgeon, catfish 
and bulkheads in any stream not frequented by or containing 
trout of any variety.] 



FISH AND GAME LAWS. 3] 

45. Unlawful fishing in such waters. 

Section 1560e, W. S., 1898. Any person who shall take, 
catch or kill any fish in any of the inland waters by any other 
method than angling or trolling, except as the law otherwise 
provides, shall be punished by a fine of not less than ten dollars 
nor more than fifty dollars, or by imprisonment in the county 
jail not less than thirty days nor more than sixty days. 



46. Vse of explosive. 

Section 45601", W. S., 1898. Any person who shall take, 
catch or kill fish of any variety in any of the waters of this state 
by means of dynamite or other explosive, or place in any such 
waters any dynamite or other explosive which, if exploded, 
would or might cause destruction to fish therein, except when 
such dynamite or other explosive is used by public authority or 
for the purpose of clearing a channel in any stream or water for 
log driving or the actual construction of improvements, shall be 
punished by a fine of not less than twenty-five dollars nor more 
than two hundred and fifty dollars, or by imprisonment in the 
county jail not less than sixty days nor more than six months. 

Form of Complaint. 

State of Wisconsin, ) 

)ss. 

County of . ) 

, being duly sworn, says that on the day 

of , 189 — , at said county, (name of the ac- 
cused) did unlawfully take, catch and kill fish (designate the va- 
riety if possible) in and from the water known as , (nam- 
ing the stream, river, lake or bay) in said state by means of dyna- 
mite (or if other explosive, naming the kind) ; or that said 

(name of the accused) on said day and at said county 



placed in said water dynamite (or if other explosive, naming the 
kind) which, if exploded, would and might cause destruction to 
fish in said water, and that said dynamite (or other explosive), 



32 FISH AND GAME LAWS. 

was not put into the water aforesaid by any public authority, 
nor for the purpose of clearing a channel therein for log-driving 
purposes, nor for the actual construction of improvements 
therein, contrary to the provisions of section 1560f, of the W. S. 
for the year 1898, and against the peace and dignity of said 
state. 



Subscribed and sworn to before me 

this — — day of — — , A. D. 189- 



Justice of the Peace. 

47. Fishing through ice. 

Section 5, ch. 311, 1899. Section 4560g of the Wisconsin 
statutes of 1898, is hereby amended to read as follows: section 
4560g. Any person who shall fish through the ice on any of 
the inland waters of this state with more than five lines to each 
person, and with more than one hook to any line, or who shall 
construct upon the ice of said waters, except Sturgeon bay, Ge- 
neva lake, in Walworth county, and Winnebago lake, and the 
Mississippi river, any building or enclosure of any nature what- 
soever which shall conceal the person of the occupant while en- 
gaged in fishing through the ice, or who shall occupy any build- 
ing or enclosure while engaged in so fishing, shall be punished by 
a fine of not less than twenty dollars nor more than fifty dollars,, 
or by imprisonment in the county jail not more than thirty days,, 

Form of Coin plaint. 

State of Wisconsin, ) 

)ss. 

County of . ) 

■ , being duly sworn, says that on the — day 

of , 189 — , at said county, (name of the 

accused) did unlawfully fish through the ice on the river known 

by the name of (or on the pond, lake, bay or stream 

known by the name of ,) said river being one of the in- 
land waters o" said state within the meaning of chapter 311 of 



FISH AXD GAME LAWS. 33 

the laws of Wisconsin for 1899, and contrary to the provision? 
of section 5 of said chapter of said laws, and against the peace 
and dignity of the state of Wisconsin. 
Subscribed and sworn to before me 
this of . A. D. 189— . 



Justice of the Peace. 

48. Entry into, buildings. 

Section 4560b, W. S., 1898. Any person owning or occupy- 
ing any building or inclosure constructed on any of the inland 
waters of the state, except Sturgeon Bay. who shall refuse to 
open the same upon demand of the state fish and game warden, 
either of his deputies or any other officer and permit any such 
officer to investigate the nature thereof, upon demand made by 
him to that effect, shall be fined not less than twenty nor more 
than fifty dollars, and any such officer shall destroy such struc- 
ture as a public nuisance, and shall not be held liable therefor in 
any civil or criminal action. 

49. .Medicated bait, etc. — Fishways. 

Section 4560i, W. S.. 1898. Any person who shall use, set, 
lay or prepare in any of the waters of the state any trap, lime, 
poison, medicated bait; fish berries or any substance deleterious 
to fish life or which might attract the fish in unusual quantities, 
or who shall fish for, catch, kill or take by any device or in any 
manner in any stream any fish within one hundred feet of any 
fish way or have in possession or under control any fish so taken, 
killed or caught shall be punished .by a fine of not less than ten 
dollars nor mere than fifty dollars, or by imprisonment in the 
county jail not less than thirty days nor more than ninety days, 
or by both such fine and imprisonment. 

50. Fishing in waters of Walworth, Waukesha, and Sauk 

counties. 

Section 6, ch. 311, 1S99. It shall be unlawful, and is pro- 
hibited, for any person to fish in any of the waters in Walworth 



34 Y1S11 AND GAME LAWS. 

county (excepting Geneva lake), in Pewaukee lake, in Waukesha 
county, or in Devil's lake, Sauk county, between the first day of 
December and the twenty-fifth day of May next succeeding. 
Any person who shall violate any of the provisions of this section 
shall be punished by a fine of not less than ten dollars nor more 
than twenty-five dollars, or by imprisonment in the county jail 
for not more than ten days. 

51. Net fisliing in Lake Superior and Lake Michigan. 

Section 7, ch. 311, 1899. Section 1560j of the Wisconsin 
statutes of 1898, is hereby amended to read as follows: section 
4560j. Any person who shall set or cause to be set in the 
waters of Lake Superior within one mile of the main shore 
thereof, within the jurisdiction of this state or in the entire Che- 
quemagon Bay, or waters south of an east and west line drawn 
from the extreme northwest end of Long Island or Chequamegon 
point to the mainland in Bayfield county, or in the waters of 
Lake Michigan, commencing at the state line south and running 
north to the north line of Racine county, any seine, gill, pound 
or fyke net, shall be punished by a fine of not less than twenty- 
five dollars and not more than one hundred dollars or by im- 
prisonment in the county jail not less than thirty days nor more 
than three months. 

Form of Complaint. 

State of Wisconsin, ) 

)ss. 

County of . ) 

, being duly sworn, says that on the day 

of , in the year 189 — , at said county, 

(name of the accused) did unlawfully set (or cause to be set, if 
such is the fact, by ) in the waters of Lake Michi- 
gan, within one mile of the main shore thereof, commencing at 
the state line south and running north to the north line of Racine 
county, and within the jurisdiction of said state, a seine (or gill, 
pound or fyke) net, contrary to the provisions of section 7, chap- 



FISH AND GAME LAWS. 



ter 311, of the laws of Wisconsin for 1899, and against the peace 
and dignity of the state of Wisconsin. 

Subscribed and sworn to before me 
this day of , A. D. 189—. 



Justice of the Peace. 

[If the offense was committed in any of the other waters men- 
tioned in the section vary the statement of it, using the words of 
the statute so far as practicable.] 

52. Nets in Green Bay. 

Section 4560k, W. S., 1898. Any person who shall set or use 
or cause to be set or used in the waters of Green Bay any gill, 
pound, fyke, seine, dip, crab or any other net from the first of 
April to the succeeding first day of May in each year, except that 
a dip net or minnow seine may be used for the purpose of catch- 
ing minnows for bait only, shall be punished by a fine of not less 
than twenty-five dollars nor more than one hundred dollars and 
be imprisoned until such fine shall be paid, not exceeding ninety 
days; provided, that this section shall not apply to the taking of 
whitefish, lake trout or herring. 

53. Nets in Sturgeon Bay. 

Section 45601, W. S., 1898. Any person who shall set or use 
at any time in the waters of Sturgeon Bay (which shall be consid- 
ered that portion lying south of a line from the Sherwood Point 
light house, said line running easterly to the shore, terminating 
at a point where the south line of lot number 1, in section 19, 
township 28, range 26 east, intersects the meander line of Stur- 
geon Bay in Door county, and including also the waters of Saw- 
yer's Harbor) any net of any kind or other device for trapping 
fish, except that a dip net or minnow seine may be used to catch 
minnows for bait only, shall be punished by a fine of not less 
than twenty-five dollars nor more than one hundred dollars and 
be imprisoned until such fine shall be paid, not exceeding 
ninety days. 



3<i 



FISH AND GAME LAWS. 



54. Nets in Detroit harbor. 

Section 4560'm, W. S y 1898. Any person who shall set or 
use any net of any kind or any device for trapping fish in the 
waters of Detroit Harbor (which shall be construed to include 
that portion of water lying north and west of a line beginning at 
the extreme southern point of lot number 3, section 14, town 
number 33 north, of range number 29 cast, running thence east- 
erly in a direct line to the extreme southern point of lot number 
2, section 18, town number 33 north, of range number 30 east, 
all in Door county), except that a hand .dip net or minnow seiae 
may be used to catch minnows for bait only, shall be fined not 
less than twenty-five dollars nor more than one hundred dollars, 
and be imprisoned until such fine shall be paid, not exceeding 
ninety days. 

55. Possession of fish less than prescribed weight. 

Section 4561, W. S., 1898. Any person who shall have in 
his possession any lake trout or whitefish of less than two pounds, 
round or undressed weight, or less than one and one-half poundn 
dressed weights (except that lake trout may be had in possession 
and offered for sale not to exceed twenty-five pounds at any 
time), any wall eyed pike of less than one pound, round or un- 
dressed weight, or any catfish of less than three pounds, round, 
or one and a half pounds dressed, weight, shall be punished by a 
fine of not less than twenty-five dollars nor more than one hun- 
dred dollars and be imprisoned until such fine be paid, not to ex- 
ceed ninety days; provided, that fish merchants may purchase 
and offer for sale when so purchased from any one or more fisher 
men, not to exceed twenty-five pounds from each, of the sized 
trout mentioned in this section, when taken in one lift. 

56. Netting whitefish or trout. 

Section 4561a, W. S., 1898. Any person whe shall capture 
or take, by means of a net of any kind, in any of the outlying- 
waters of the state, any whitefish or trout between the fifteenth 
day of October and the first day of December next succeeding 



FISH AND GAME LAWS. 3f 

shall be punished by a fine of not less than twenty-five dollars 
nor more than one hundred dollars and be imprisoned until such 
fine be paid, not exceeding ninety days. 

57. Nets in Little Sturgeon Bay. 

Section 4561b, W. S., 1898. Any person who shall set or use 
or cause to be set or used a net of any kind or other device for 
trapping fish in the waters of Little Sturgeon Bay, inside of a 
line drawn from Horseshoe or Squaw Island to Bonnet's Point 
on the mainland, at any time, except that a dip net or minnow 
seine may be used for the purpose of catching minnows for bait 
only, shall be punished by a fine of not less than twenty-five dol- 
lars nor more than one hundred dollars and be imprisoned until 
such fine be paid, not exceeding ninety days. 

58. Nets in Door county waters. 

Section 4561c, W. S., 1898. Any person who shall set or use 
or cause to be set or used at any time in the waters bordering on 
Door county any fyke, seine or dip net, except that a dip net or 
minnow seine may be used for the purpose of catching minnows 
for bait only, shall be punished by a fine of not less than twenty- 
five dollars nor more than one hundred dollars and be impris- 
oned until such fine be paid, not exceeding ninety days. 

59. Grill and seine nets in Green Bay. 

Section 4561d, W. S., 1898. Any person who shall set or use 
or cause to be set or used in the waters of Green Bay between 
the first day of April and the succeeding first day of January 
any gill net having smaller mesh than four-inch stretch measure 
shall be punished by a fine of not less than twenty-five dollars 
nor more than one hundred dollars and be imprisoned until such 
fine be paid, not exceeding ninety days. But it shall be lawfn* 
to use gill nets of one and three-fourths inches, stretch measure, 
to catch fish for bait and to set or use seine or fyke nets of not 



38 FISH AND GAME LAWS. 

less than three inches stretch measure in the waters of Green 
Bay, except the waters bordering on Door county, from the 
first day of May to the succeeding first day of April. 

60. Netting bass in Green Kay. 

Section 8, ch. 311, 1891). Section 4561e of the Wisconsin 
statutes of 1898 is hereby amended to read as follows: section 
1561e. It shall be unlawful and is prohibited for any person to 
take bass of any kind by means of nets in the waters of Green 
Bay. Any person who shall violate any provision of this section 
shall be punished by a fine of not less than ten dollars nor more 
than fifty dollars and shall be imprisoned until such fine 1 is paid, 
not exceeding sixty days. 

61. No closed season where. 

Section 4562, W. S., 1898. It shall be lawful to take or catch 
any kind of fish, except trout, in the waters of the Pecatonica and 
Fever rivers in Iowa and Lafayette counties, in the Sugar river in 
Green county and from Koshkonong lake and Rock river in 
Rock, Dane and Jefferson counties, and from Crawfish river in 
Jefferson county, with a hook and line at any time. 

62. Hunting deer without license; transfer of license. 

Section 4562a, W. S., 1898. Any person who shall pursue, 
hunt or kill deer without being at the time of such pursuing, 
hunting or killing, in possession of a license duly issued to him, 
which license shall cover the period in which he shall be so pur- 
suing, hunting or killing deer, or who shall furnish to another 
person during, the open season for deer, or permit another person 
to have, during such season, a license issued to him, shall be fined 
not less than fifty dollars nor more than two hundred dollars, or 
be imprisoned in the comity jail not less than two months nor 
more than six months. 

(See form on page 18.) 



FISH AND GAME LAWS. 39 



Fonn of Complaint. 

State of Wisconsin, ) 

)ss. 

County of . ) 

, being duly sworn, says that on the dav 

of , in the year 189 — , at said county, (name of 

the accused) was duly licensed to pursue, hunt or kill deer in the 
state of Wisconsin during the open season therefor in the year 
189 — , by the secretary of state of said state, (or by the county 

clerk of county in the state of Wisconsin) ; that said 

, during the open season for the killing of deer 

in the year 189 — , which season was covered by the license afore- 
said, to-wit: on the clay of , in the year 189 — , at 

the county of , in the state of Wisconsin, did unlawfully 

furnish to and permit another, to-wit: (name of 

person to whom furnished), to have said license, contrary to the 
provisions of section 4562a, of the W. S. of Wisconsin for 1898, 
and against the peace and dignity of the state of Wisconsin. 



Snbscribed and sworn to before me 
this day of - — , A. D. 189- 



Justice of the Peace. 

63. Changing; license. 

Section 4562b, W. S., 1898. Any person who shall change 
or alter in any manner a license for the pursuit, hunting or kill- 
ing of deer shall be punished by a fine of not less than two hun- 
dred dollars nor more than five hundred dollars, or by imprison- 
ment in the county jail not less than six months nor exceeding 
one year. 

Form of Complaint. 

State of Wisconsin, ) 

)ss. 

County of . ) 

, being duly sworn, says that on the day 

of , in the year 189 — , at said county, (name of 

the accused) did unlawfully alter and change a license for the 



40 



FISH AND GAME LAWS. 



pursuit, hunting or killing of deer in said state during the open 
season therefor in the year 189 — , which license was issued by 
the secretary of state of the state of Wisconsin, (or the county 

clerk of county in the state of Wisconsin), pursuant to 

the provisions of chapter 185 of the W. S. of said state for the 
year 1898 (describe the alteration made in the license), contrary 
to the provisions of section 4562b of said chapter of said laws, 
and against the peace and dignity of the state of Wisconsin. 



Subscribed and sworn to before me this 
this day of , A. D. 189— 



Justice of the Peace. 



64. Fraud in obtaining' license. 

Section 4562c, W. S., 1898. Any person who shall make to 
any county clerk authorized to issue licenses for the pursuit, 
hunting or killing of deer a false statement concerning his resi- 
dence, and thereby obtain such a license therefor as only resi- 
dents of this state are entitled to, shall be punished by a fine of 
not less than five hundred dollars nor more than one thousand 
dollars, or by imprisonment in the county jail nor less than four 
months nor more than one year, or in the state prison not exceed- 
ing one year. 

Form of Complaint. 



State of Wisconsin, ) 



County of 



)ss. 
) 



of 



- — , being duly sworn, says that on the 

-, in the year 189 — , at said county, 



day 

(name of 

the accused) did make a false statement to - — . 

county clerk of the county of , in said state, relative to 

his residence in the state of Wisconsin, such statement being 
(give the language of the statement as near as practicable), and 

being false in this, to- wit: that the said , at the 

time said statement was made as aforesaid, had not resided in the 
state of Wisconsin for a period of one year immediately previous 
to the opening of the deer season in the year 189 — , and was not 



fish and game LAWS. 41 

at the time of the making of said -statement a resident of the state 
of Wisconsin, within the meaning of chapter 185 of the W. S. of 
that state for the year 1898; that by reason of such false state- 
ment the said county clerk issued to the said a 

license under the provisions of said chapter of said laws for the 
pursuit, hunting or killing of deer in the state of Wisconsin dur- 
ing the open season therefor in the year 189 — , contrary to the 
provisions of chapter 185, of the W. S. of said said for 1898, and 
against the peace and dignity of the state of Wisconsin. 

Subscribed and sworn to before me 
this of , A. D. 189—. 



. Justice of the Peace. 

65. Close season; deer. 

Section 9, ch. 311, 1899. Section 4562d of the Wisconsin 
statutes of 1898, is hereby amended to read as follows: section 
4562d. Any person who shall take, pursue or kill, by any kind 
of device or contrivance whatever, or pursue with intent to take, 
kill or worry any deer, buck, doe or fawn between the twentieth 
day of November and the succeeding first clay of November, in 
the year following (all of the year excepting the first twenty days 
of November being thereby intended to be included in the closed 
or prohibited season for such animals), or who shall hunt deer, 
buck, doe or fawn at any time with dogs or in the night time, oi 
in either of the counties of Sheboygan and Fond du Lac until 
after April tenth, A. J). 1902, or who shall kill or capture any 
deer, buck, doe or fawn, or attempt to kill or capture such, in the 
waters or on the ice of any of the streams, lakes or ponds with- 
in the jurisdiction of this state at any time, or who shall take, 
catch or kill, or attempt to take, catch or kill any deer, buck, doe 
or fawn by means of any pit, pitfall or trap at any time; or who 
shall make use 'of any artificial light in hunting deer; or have 
in possession the skin of any deer when it is in its red coat, or of 
any fawn when it is in its spotted coat; or who shall kill more 
than two deer in any one year, shall be punished by a fine of not 
less than twenty-five dollars nor more than one hundred dollars, 



42 FISH AND GAME LAWS. 

or by imprisonment in the comity jail not less than two months 
nor more than six months, or by both snch fine and imprison- 
ment in the discretion of the court. 



Form of com phi int. 

State of Wisconsin, ) 

)ss. 

County of . ) 

■ , being duly sworn, says that on the day 

of , in the year 189 — , at said comity, (name of 

the accused) did take, pursue and kill (or pursue with intent to 
take, kill or worry), a deer (buck, doe or fawn), said day being 
between the twentieth day of November, 189 — , and the first 
day of November of the year following, and being during the 
close season as prescribed by section 9, of chapter 311, of the 
laws of said state for 1899, and contrary to the provisions of said 
section and against the peace and dignity of the state of Wiscon- 
sin. 



Subscribed and sworn to before me 
this of , A. D. 189—. 



Justice of the Peace. 



Form of complaint for unlawfully hunting deer. 

State of Wisconsin, ) 

)ss. 

County of . ) 

, being duly sworn, says that on the day 

of ■, in the year 189 — , at said county, ■ 



(name of the accused), did unlawfully hunt deer (buck, doe or 
fawn), with a dog (or in the night time), or did kill or capture 

a deer in the wateTS of , (designate stream, river, lake, 

pond or bay) or on the ice of (designate stream, lake or 

pond),- the same being within the jurisdiction of said state; or did 
kill or capture a deer by means of a pit fall or trap, or made use 
of an artificial light in hunting deer, contrary to the provisions 






FISH AND GAME LAWS. 43 

of section — — of chapter , of the laws of Wisconsin for 

1899, and against the peace and dignity of the said state. 



Subscribed and sworn to before me this 
day of , A. I). 189—. 



Justice of the Peace. 

66. Close season for woodcock, etc. 

Section 4562e, W. S., 1898. Any person who shall take, 
catch or kill any woodcock, partridge, pheasant, prairie chicken 
or prairie hen, grouse of any variety, plover or snipe between tb 
first day of December and the succeeding first day of September 
shall be punished by a fine of not less than ten dollars nor more 
than fifty dollars, or by imprisonment in the county jail not ex 
ceeding ninety days. 

67. Close season lor duck, swan, goose, snipe, etc. 

Section 1, ch. 267, 1899. Section 4563 of the Wisconsin 
statutes of 1898, is hereby amended to read as follows: Any 
person who shall take, catch or kill any wild duck, brant, or any 
aquatic fowl, including snipe, excepting wild geese, between the 
first day of January and the succeeding first day of September, 
or take or kill any swan at any time shall be punished by a fine 
of not less than twenty dollars nor more than fifty dollars, or by 
imprisonment in the comity iail not less than ten nor more than 
sixty days, or by both such fine and imprisonment; provided, 
that nothing in this act shall be so construed to permit the taking, 
catching or killing of wild geese between the first day of May 
and the succeeding first day of September. 

68. Hunting aquatic birds after sunset. 

Section 4563a, W. S., 1898. Any person who shall pursue 
catch, take or kill any wild duck, wild goose, brant or other 
aquatic bird or fowl between sunset and the following sunrise 



44 



FISH AND GAME LAWS. 



shall be punished by a fine of not less than twenty-five dollars 
nor more than one hundred dollars, (or) by imprisonment in the 
county jail, not exceeding sixty days. 

69. Prohibited methods of hunting. 

Section 4563b, W. S., 1898. Any person who shall use, in 
the pursuit of any wild duck, goose, brant or other aquatic bird, 
upon the waters of this state, any sneak boat, or boat propelled 
by an oar or oars operated from the stern of such boat, or any 
sail boat, or boat propelled by steam, naphtha, electric or other 
engine or machinery, or any battery, sink box or similar device, 
or any boat except a row boat or paddle boat propelled by an oar 
or oars operated from the side or sides of such boat, or who shall 
kill or attempt to kill or to pursue, while occupying or using any 
boat, box or other device outside or beyond the natural covering 
of reeds, grass or other vegetation growing above the water, 
any wild goose, duck, brant or other aquatic bird, or who shall 
construct or use for the purpose of hunting, outside of such nat- 
ural covering or upon the ice, any fixed or artificial blind or am- 
bush, shall bs punished by a fine of not less than ten dollars nor 
more than fifty dollars, or by imprisonment in the county jaii 
not more than thirty days, or by both such fine and imprison- 
ment. 

70. Same subject. 

Section 4503c, W. S., 1898. Any person who shall take 
catch or kill or attempt to take, catch or kill any animals, birds 
or water fowl protected by law by means of any snare, net, trap 
or spring gun or similar contrivance, or place, spread or set am 
such net, trap, snare or spring gun or contrivance for the purpose 
of catching, or which might catch, take or ensnare any such ani- 
mals, birds or water fowl, shall be punished by a fine of not less 
than ten dollars nor more than fifty dollars, or by imprisonment 
in the county jail not more than sixty days; provided, that noth- 
ing herein shall conflict with section 4564a. 






Pish and game laws. 45 

71. Close season for pheasants. 

Section 4564, W. S., 1898. Any person who shall take, 
catch or kill any Mongolian, Chinese or English pheasant or 
quail of any variety before September first, 1901, shall be pun- 
ished by a fine not to exceed fifty dollars or by imprisonment in 
the county jail not more than thirty days. 

72. Nets to take clucks. 

Section 4564a, W. S., 1898. Any person who shall place in 
or upon any waters frequented by wild duck any net of any kind 
in such position that it will or may ensnare the ducks so frequent- 
ing said waters shall be punished by a fine of not less than fifty 
dollars nor more than one hundred dollars, or by imprisonment 
in the county jail, not less than sixty nor more than ninety days. 

73. Use of fire-arm. 

Section 4564b, W. S., 1898. Any person who shall use in 
pursuit of any animal, fowl or bird any pivot gun or swivel gun, 
or any other fire-arm not habitually held at arm's length and dis- 
charged from the shoulder, shall be punished by a fine of not 
less than twenty-five dollars, nor more than one hundred dollars, 
or by imprisonment in the county jail for not less than thirty 
days nor more than three months. 

74. Harmless birds. 

Section 10, eh. 311, 1899. Section 4565, "Wisconsin statutes 
of 1898, is hereby amended to read as follows: section 4565. 
Any person who shall catch or kill at any time, or for any pur- 
pose whatever, except as authorized by law, any whippoorwill 
night-hawk, blue-bird, finch, thrush, robin, lark, turtle dove, or 
any other harmless bird shall be punished by a fine of not more 
than fifty dollars or by imprisonment in the county jail for not 
more than thirty days, provided, that this section shall not apply 
to blackbirds, crows, English sparrows or pigeons for trapshoot- 
ing. 



46 



FTSH AND GAME LAWS. 



75. Destruction of bird's eggs. 

Section 4565a, W. S., 1898. Any person who shall take or 
destroy the eggs or nest of any water-fowl or bird, except crows 
and English sparrows, shall be punished by a fine of not more 
than five dollars or by imprisonment in the county jail for not 
more than ten days. 

76. Taking carrier pigeon. 

Section 4565b, W. S., 1898. Any person who shall take, 
catch, kill, impede in its progress or otherwise interfere with any 
carrier or homing-pigeon shall be punished by a fine of not less 
than ten dollars nor more than fifty dollars, or by imprisonment 
in the county jail for not more than three months. 

77. Rabbits, otter, marten, fisher and mnskrat. 

Section 4565c, W. S., 1898. Any person who shall use a fer- 
ret to hunt rabbits, or take, catch, kill or destroy otter, marten 
or fisher between the first day of May and the succeeding first 
day of October, or destroy or molest muskrat houses at any time 
shall be punished by a fine of not less than ten dollars nor more 
than twenty-five dollars, or by imprisonment in the county jail, 
not exceeding thirty days. 

78. Hunting on another's land. 

Section 11, ch. 311, 1899. Section 4565d, Wisconsin stat- 
utes of 1898, is hereby amended to read as follows: section 
4565d. Any person who shall enter into any growing or stand- 
ing grain, not his own, with firearms or permit his dog to enter 
into any such grain, without the permission of the owner or tho 
occupant of the land upon which such grain is situated, or who 
shall hunt or shoot upon any land of another after being notified 
not to hunt or shoot thereon, shall be punished by a fine of not 
less than five dollars nor more than ten dollars, and in default 
of payment thereof shall be imprisoned in the county jail not 
less than ten days nor more than thirty days. 



- ■ FISH AND GAME LAWS. 47 

Xo person shall enter any land inclosed by a fence, and be- 
longing to another, which said enclosure is kept and maintained 
as a deer park or game preserve by the owner thereof, and hunt 
or shoot therein without the consent of the owner of such enclos- 
ure, and any person who shall hunt, or kill any deer or game 
within such park or preserve at any season of the year shall be 
deemed guilty of a misdemeanor, and shall, on conviction there- 
of, be fined not less than ten nor more than twenty-five dollars., 
and costs of prosecution, and in default of payment of such fine 
and costs he shall be imprisoned in the county jail not less than 
fifteen days nor more than thirty days; provided, that this sec 
tion shall not limit or in any way affect civil liability on account 
of such trespass, nor shall any person having posted notices as 
heretofore provided in this section enter upon the premises of an- 
other for the purpose of hunting or killing protected game, 
whether the land is cultivated or uncultivated, without first hav- 
ing obtained the permission of the owner of such premises, under 
the penalty as heretofore provided in this section. Any owner 
or occupant of land may give the notice provided for in this sec- 
tion by maintaining sign-boards, at least one foot square, contain- 
ing such notice, upon at least every forty acres of the premises 
sought to be protected, in at least two conspicuous places, or by 
giving personal, written or verbal notice. 



Form of Complaint. 

State of Wisconsin, ) 

)ss. 

County of . ) 

, being duly sworn, says that on the day 

of , in the year 189 — , at said county, 



(name of the accused) did unlawfully have in his possession and. 
under his control fish of the variety known as (or ani- 
mals, game or birds of a specified variety), the same not being 
alive (or the carcass or flesh of such fish, animals, game or birds j, 
the said day being during the close season for said fish (or ani- 
mals, game or birds), as prescribed by chapter 311 of the laws of 



48 FISH AND GAME LAWS. 

said state for 1899, and contrary to the provisions of section 13 
of said chapter, and against the peace and dignity of the state 
of Wisconsin. 



Subscribed and sworn to before me 
this day of — , A. D. 189- 



Jnstice of the Peace. 

79. Possession of fish or game during close season. 

Section 12, ch. 311, 1899. Section 4565e, Wisconsin stat- 
utes of 1898, is hereby amended so as to read as follows: section 
4565e. Any person who shall have in his possession or under 
his control any variety of fish, animals, game or birds, except 
whitefish and lake trout, during the close season prescribed by 
law therefor (except alive) or any carcass or flesh thereof; and 
any keeper of a hotel, restaurant or boarding house who shall 
serve to any of his guests any such fish, venison, animals, game 
or birds, except whitefish and lake trout in his possession or un- 
der his control during the close season therefor, shall be pun- 
nished by a fine of not less than twenty-five dollars nor more 
than one hundred dollars, or by imprisonment in the county jail 
not less than thirty days nor more than ninety days. Such pos- 
session or control of the birds, fowls or animals protected by the 
laws of the state during the closed season therefor is prohibited, 
and the penalty herein contained attaches thereto, whether the 
said fish, birds, fowls or animals were taken within or without 
this state, or lawfully or unlawfully taken. Section 4565f. Pro- 
vided, however, that any person residing in this state who shall 
lawfully kill any deer, may keep and consume the meat thereof 
in his own family by serving a written notice on the game war- 
den or the nearest deputy game warden on or before the last day 
of the open season for killing the deer, which notice shall state 
as nearly as may be when and where said deer was killed and the 
number of pounds of venison then in his possession and that the 
same is to be kept and used for his own family. 



FISH AXD GAME LAWS. 49 

80. Selling fish or game during close season. 

Section 13, cli. 311. 1899; Section 4566, Wisconsin statutes 
of 1898, is hereby amended to read as follows: section 1566. 
Any person who shall sell, or offer for sale, or purchase, or have 
in possession any fish. game, birds, fowls or animals, except 
whitefish and lake trout, protected by the laws of this state at 
any time during the close season prescribed therefor, respec- 
tively, shall be punished by a fine of not less than twenty-five 
dollars nor more than one hundred dollars, or by imprisonment 
in the county jail not less than thirty days nor more than ninety 
days. 

81. What a violation of the law. 

Section 4566, W. S.. 1898. An attempt to violate any of the 
provisions of the thirty-eight preceding sections shall be deemed 
a violation thereof. 

8'2. Buying, selling, or transporting deer. 

Section 14, eh. 311. 1899. It shall be unlawful and is pro- 
hibited to buy, sell or transport any carcass or part of a carcass 
of a deer. buck, doe or fawn, until the sixth day of November 
in each year, and it shall be lawful and is permitted to buy. sell 
or transport the carcasses of deer under the conditions provided 
by law relative to the transportation of the same, up to and in- 
cluding the twenty-fifth day of November succeeding the end 
of the open season. Any person who shall buy. sell or transport 
before the sixth day of November in each year, any carcass or 
part of a carcass of a deer. buck, doe or fawn, or attempt to do 
the same, shall be punished by a fine of not less than ten nor 
more than fifty dollars, and by imprisonment until the fine is 
paid, not more than thirty days. 

83. Commissioners of fisheries may take fish when. 

Section 15. ch. 311, 1S99. The commissioners of fisheries, or 
other person? authorized by law to propagate fish, shall have the 



50 



FISH AND GAME LAWS. 



power and are authorized to take fish at all seasons of the year 
from the outlying waters of the state for stocking other waters 
or for the purpose of securing eggs for artificial propagation; 
and shall dispose of said fish in such manner as they deem to be 
to the best interest of the state ; provided, however, that no such 
fish shall be taken except in the presence of the superintendent 
of fisheries or his agent, authorized in writing. 

84. Depositing deleterious substance. 

Section 4567, W. S., 1898. Any person who shall cast, de- 
posit or throw overboard from any row, sail or steamboat or 
other craft into any of the inland waters of this state or into 
Green Bay, Sturgeon Bay or Chequainegon Bay, or deposit or 
leave upon the ice thereof until its melts, any fish offal, which 
shall be construed to mean and include the head, intestines, blood 
and cleanings of fish and dead fish or throw or deposit or permit 
to be thrown or deposited any sawdust, lime, tanbark, ship bal- 
last, stone, sand slabs or decayed wood or other substances dele- 
terious to fish life (authorized drainage and sewerage from mu 
nicipalities excepted) into any of the rivers, lakes or streams of 
this state, including Green Bay, Chequamegon Bay and Stur- 
geon Bay, or into any streams wherein the commissioners o? 
fisheries have caused trout fry to be deposited or in which brook 
trout naturally abound, shall be punished by a fine of not less 
than ten dollars nor more than one hundred dollars, or by im- 
prisonment in the county jail not to exceed ninety days. Noth- 
ing in this section shall apply to the Wisconsin river. The fact 
of any fisherman coining to the shore with dressed fish in his boat 
and without the offal produced by such dressing shall be prima 
facie evidence of the violation of the first clause of this section. 



FISH AND GAME LAWS. 51 



Form of complaint. 

State of Wisconsin, ) 

)ss. 

County of . ) 

■ , being duly sworn, says that on the day of 

- ; in the year of 189 — , at said county — (name of 



the accused) did unlawfully cast, deposit or throw overboard from 
a row boat (sail or steamboat or other craft) into the river (or 

lake) known by the name of , the same being a part of the 

inland waters of said state as defined by chapter 185, of the W. S. 
•of Wisconsin for 1898, (or into Green Bay, Sturgeon Bay or 
Chequamegon Bay) or did deposit or leave upon the ice of said 
river (or lake or bay) until it melted certain fish offal, to-wit: 

, contrary to section 4567, of chapter 185, of said laws, and 

against the peace and dignity of the state of Wisconsin. 



Subscribed and sworn to before me » 
this day of , A. D. 189- 



Justice of the Peace; 

85. Fishermen to report. 

Section 4567a, W. S., 1898. Each person engaged in fishing 
in the outlying waters of tins state as a business during the whole 
■or any part of the year shall, on or before the first day of De- 
cember of such year, report to the commissioners of fisheries the 
amount in pounds of all food fish caught by him during the 
year, the average price per pound, and such other information 
as required by the blanks furnished him for the purpose; and 
for failing to make such report or for wilfully making a false 
Teport any such person shall be punished by a fine of not less 
than twenty-five dollars nor more than fifty dollars, or by im- 
prisonment in the county jail not less than ten days nor more 
than sixty days. 



52 



FISH AND GAME LAWS. 



REPORT 



Of 



of fish caught during the season from December 

— 18—, to 

Description of nets used. 



1st, 18 — , to November 30, 18 — . 

This report covers the fishing season from 
■ , 18—. 



KIND. 


NUMBER. 


VALUE. 


SIZE OF MESH. 










































• 


SPECIMEN OF FISH. 


POUNDS. 


PRICE 
PER POUND, 


TOTAL. 


Whitefish 








































r 

















I hereby certify that the foregoing statement is true. 

Dated this day of , 18 — , , Wisconsin. 

(Signature) 



FISH AND GAME LAWS. 53 

86. Removal of fish or eggs. 

Section 4567c, W. S., 1898. Any person who shall come 
into this state and remove fish eggs or fish of any variety there- 
from while the fish are alive, without having a permit from the 
president of the commissioners of fisheries to do so, shall be fined 
not less than fifty dollars or be imprisoned in the county jail 
not less than ten days nor more than thirty days. 

87. Unlawful fishing by employee of commissioners. 

Section 4567c, W. S., 1898. It shall be unlawful for any 
employee of the commissioners of fisheries, while engaged in 
catching wild fish from the public waters for the purpose of arti- 
ficial propagation, to have in his possession any other kind of 
fish than those he has been directed to take by the superintend- 
ent of fisheries or his agent, duly authorized in writing. For 
violation of this section the offender shall be punished by a fine 
of not less than twenty-five dollars nor more than fifty dol- 
lars, and be removed from any office or position he may hold 
under or by the authority of such commissioners. 



LAWS RELATING TO FISH IN DANE COUNTY. 

88. Close season — How fish may he caught. 

Section 1, ch. 266, 1899. Xo person, between the first day of 
March and the tenth clay of May of each year, shall take, catch 
or kill, or attempt to do so, any fish of any kind from the lakes in 
Dane county, known as Wingra, Waubesa, Kegonsa, Monona and 
Mendota, or from any stream or waters in said county connected 
therewith, nor shall have in his possession any such fish when so 
taken, caught or killed, and at no time during the year shall any 
fish be taken or attempted to be taken from any of said lakes 
and waters by the use of any spear, gun, dynamite or other 
explosive, or net; except that whitefish may be taken with a 



g^ FISH AND GAME LAWS. 

dip net having a hoop not exceeding thirty inches in diameter, 
and then only between the fifteenth day of November and the 
fifteenth day of December, and except also that suckers, carp, 
red-horse and bull heads may be taken with a spear between the 
first and twenty-fifth days of May in each year, in any running 
stream in Dane county outside of said lakes. 

89. Lawful method of fishing. 

Section 2, ch. 266, 1899. Angling or trolling with the com- 
mon hook and line shall be the only lawful method or manner 
of taking or catching any kind of fish during the open season 
from any of the lakes or waters aforesaid, except that minnows 
other than young bass, pike and pickerel, may be taken at any 
time and in any manner. 

90. Number of lines allowed each person— Fish houses on 

ice prohibited. 

Section 3, ch. 266, 1899. It shall be unlawful and is pro- 
hibited for any person to fish in, or on, any of said lakes, or said 
waters, with more than five lines to each person, nor with more 
than one hook attached to each line. It shall further be un- 
lawful and is prohibited to construct upon the ice of any said 
lakes, or said waters, any building or enclosure of any nature 
whatsoever, which shall conceal the person of the occupant while 
engaged in fishing through the ice, or to occupy any building 
or enclosure while engaged in fishing through the ice. 

91. Penalty— Evidence. 

Section 4, ch. 266, 1899. Any person who shall violate any 
of the provisions of this act, shall be deemed guilty of a mis- 
demeanor, and upon conviction shall be adjudged to pay a 
fine for the first offense of not less than twenty-five nor more 
than one hundred dollers; and for any subsequent offense^ a 
like fine, and to be imprisoned in the county jail not less than 
ten nor more than thirty days. The possession in said county 



FISH AND GAME LAWS. 55 

of any fish common to any of such lakes or waters, shall, dur- 
ing the period of total prohibition stated in the first section of 
this act, be deemed prima facie evidence that the same was 
taken, caught or killed in said waters in violation of this act. 

92. Who are charged with execution of law— How arrests 

may be made—Rewards may he offered. 

Section 5, ch. 266, 1899. The sheriff of said county and 
his deputies, and the state fish and game warden and his depu- 
ties, and each and every constable in said county, and the several 
police officers of the cities and villages in said county, are 
charged with the execution of this act, and may arrest, with or 
without warrant, in any part of the county, any person violating 
the same, and bring him before the proper court for trial. The 
common council of the city of Madison, the board of supervisors 
of any town in said county may offer and pay suitable rewards 
for the apprehension and conviction of any person violating the 
provisions of this act. 

93. Fines, disposition of. 

Section 6, ch. 266, 1899. One-third of the fines imposed and 
collected under this act shall be paid to the person informing 
of the offense and prosecuting the offender to conviction; one- 
third shall be paid by the magistrate before whom the matter 
shall have been tried and the fines imposed, to the county treas- 
urer, and shall be by him designated and set apart as a fund 
for the protection of fish and game, to reimburse the county 
for the moneys which it shall expend for the enforcement of 
the fish and game laws, and the remainder shall go to the school 
fund, as provided by law. 

94. Repealing clause. 

Section 7, ch. 266, 1899. All act and parts of act, relating 
specially to the preservation of fish in said lakes and streams and 
conflicting with the provisions of this act, are hereby repealed. 



56 FISH AND GAME LAWS. 

LAKE DE NEVEU, FOND DU LAC COUNTY. 

95. Method of fishing in. 

Section 1, ch. 209, 1897. It shall be unlawful to fish for, 
catch, take or kill any fish in the waters of Lake de Neveu, in 
Fond du Lake county, by the use of any trap, spear, net or other 
device except fishing from a boat, with hook and line, or angling. 

96. Close season for hass, perch and pickerel. 

Section 2, ch. 209, 1897. ISTo person shall take or kill any 
black or Oswego bass, pickerel or perch in said waters from 
the first day of September in each year to the first day of 
June following, and it shall be unlawful for any person to have 
in their possession at said lake any black or Oswego bass, or 
pickerel less than eight inches in length. 

97. Penalty. 

Section 3, ch. 209, 1897. Any person who shall violate any 
of the provisions of this act shall, upon conviction thereof, be 
deemed guilty of a misdemeanor, and shall be fined not less 
than five, or more than ten dollars, with costs of prosecution, 
and in default of payment of said fine and costs shall be com- 
mitted to the county jail not to exceed twenty days. 

98. Bights on meandered lakes. 

Section 1607a, W. S., 1898. All lakes wholly or partly with- 
in the state which have been meandered and returned as navi- 
gable by the surveyors employed by the government of the 
United States or which have been so meandered and are navi- 
gable in fact are hereby declared to be navigable and public 
waters, and all persons shall have the right to pass to and fro, 
be, and remain thereon and have and enjoy all other rights and 
privileges thereon and thereto to the same extent and with the 
like effect as in, to, over and upon any other navigable or 



FISH AND GAME LAWS. 57 

public waters; provided, that this section shall not affect ac- 
tions pending on the first day of May, 1895, or interfere with 
any rights theretofore acquired. 

99. Night-time. 

Section 4637a, W. S., 1893. The term "night-time," when 
used in any statute, ordinance, indictment or information shall 
be construed to mean the time between one hour after tin* 
setting of the sun on one day and one hour before the rising 
of the same on the following day; and the time of sunset am 
sunrise shall be ascertained according to the mean solar time 
of the nineteenth meridian west from Greenwich, commonly 
known as central time, as given in any published almanac. 

100. Jurisdiction when counties separated by water. 

Section 7, W. S. of 1898. Whenever two counties are sepa- 
rated from each other by a river or creek, the middle of the 
main channel of such river or creek shall be the division line 
between them unless otherwise provided in the description of 
the boundaries of such counties. The counties so separated 
shall have common jurisdiction of all offenses committed on 
the waters between them, and all writs and process issued in 
any such county may be executed at any place on the waters 
of such river or creek opposite the county from which it was 
issued. 

101. Jurisdiction of counties bordering on lakes and 

rivers. 

Section 8, W. S., 1898. The counties now or hereafter 
organized upon the westerly shore of Lake Michigan shall have 
jurisdiction in common of all offenses committed on that part 
of said lake which lies within tile limits of this state. The 
counties now or hereafter organized on the shores of Greer; 
Bay shall have jurisdiction in common of all offenses commit-' 
ted on that part of said Green Bay which lies within the Km- 



58 FISH AND GAME LAWS. 

its of this state. The counties now or hereafter organized on 
the southerly shores of Lake Superior shall have jurisdiction- 
in common of all offenses committed on that part of said lake 
which lies within the limits of this state. The counties now 
or hereafter organized on the easterly shore of the Mississippi 
river shall have jurisdiction in common of all offenses com- 
mitted on that part of said river which lies within the limits 
of this state. The counties now or hereafter organized on the 
shores of Lake Winnebago shall have jurisdiction in common 
of all offenses committed on any part of said lake. The counties 
now or hereafter organized on the easterly shore of the St. 
Croix river or lake shall have jurisdiction in common of all 
offenses committed against this state on any part of said river 
or lake; and all offenses committed against this state on any 
part of said waters may be heard and tried in either of the coun- 
ties having, as aforesaid, common jurisdiction over such' wa- 
ters where such offense may be committed, in which legal process 
against the offender shall be first served, and may be alleged and 
shall be conclusively deemed to have been committed within 
such county; and all civil process from either of the counties 
aforesaid may be executed within and upon such waters as are 
within the jurisdiction of such county above given. In the 
construction of this section all wharves and piers shall be deemed 
part of the land with which they are connected. 



Warrant for Arrest. 

County of , ) 

)ss. 
Town of . ) 

The state of Wisconsin, to the sheriff or any constable of said 
county : 

Whereas, , the state fish and game warden of the 

state of Wisconsin, (or , a deputy of^the state fish and 

game warden of the state of Wisconsin), has this day complained 
to me on oath that , did on the day , 189 — , 



FISH AND GAME LAWS. 59 

at county, in said state, incur a forfeiture according to the 

provisions of section , of chapter , of the laws of Wis- 
consin for the year, 189 — , by then and there unlawfully trans- 
porting, contrary to section , chapter , of the laws of 

the state of Wisconsin, for the year 189 — , fish caught in the 
waters of the state of Wisconsin, to-wit: speckled trout (or other 
variety, specifying the same) between the first day of September. 
189 — , and the succeeding fifteenth day of April, being within 
the close season for catching said variety of fish as prescribed bi- 
section , of chapter , of said laws, said speckled trout 

not being raised in a private hatchery, and not being in a pack- 
age or box branded as prescribed by said section , of chap- 
ter , of the laws of Wisconsin for the year 189 — , and that 

the said is now indebted to the said state of Wisconsin 

in the sum of one hundred dollars by reason of the violation of 
the provisions of the section last designated. 

2\Tow therefore, you are hereby commanded to take the body 

of , if it be found within your county, and bring him 

forthwith before the undersigned, a justice of the peace in and 
for said county, at my office in said town, to answer unto the said 
state of Wisconsin to its damage two hundred dollars or under; 
and you are commanded to give due notice thereof to the plaint- 
iff. Hereof fail not at your peril. 

Given under my hand at , this day of , A. D. 

189—. 



Justice of the Peace. 



Affidavit for arrest for transporting fish or game. 

State of Wisconsin, ) 

)ss. 

County of . ) 

, being duly sworn and examined on oath by and 

before the undersigned, a justice of the peace in and for said 
county, says that he is the state fish and game warden of said 
state, (or is a deputy of the state fish and game warden of said 

state,) and for complaint herein says that (name of 

the defendant) heretofore, to-wit: on the day of , of 

189 — , at county, in the state of Wisconsin, incurred a 



60 



FISH AND GAME LAWS. 



forfeiture of the sum of oue hundred dollars, according to the 
provisions of section , of chapter , of the laws of Wis- 
consin for the year 189 — , by then and there unlawfully trans- 
porting, contrary to section — — , chapter , of the laws of 

Wisconsin for the year 189 — : , fish caught in the waters of the 
state of Wisconsin, to-wit : speckled trout, (or other variety, speci- 
fying the same) between the first day of September, 189 — , and 
the succeeding fifteenth day of April, being within the close 
season for catching said variety of fish as prescribed by section 
-, of chapter , of said laws, said speckled trout not be- 
ing raised in a private hatchery and not being in a package or 

box branded as prescribed by said section , of chapter — — , 

of the laws of Wisconsin for the year 189 — , and that the said 

■ ■ is now indebted to the state of Wisconsin in the 

said sum of one hundred dollars for the violation of the pro- 
visions of the section last designated. 

Wherefore, the complainant demands that a civil warrant bo 

issued against the body of the said , and that he be 

arrested according to law. 



Subscribed and sworn to before me, 

this clay of , A. D. 189—. 



Justice of the Peace. 



Form of Complaint. 



The State of Wisconsin, ) 

Plaintiff, ) 

Against ) 

, ) 

Defendant. ) 
County of , 



In Justice's Court. 



Befor 



'C 



Justice of the Peace. 

The above named plaintiff, by , the state fish and 

game warden of said state, (or a deputy of the state fish and game 
warden of said state), complains of the above named defendant 



FISH AND GAME LAWS. Q± 

and alleges that said defendant is indebted to the plaintiff in 
the sum of one hundred dollars, according to the provisions of 

section of chapter , of the laws of Wisconsin for 

the year 189 — ■, for a forfeiture incurred by the violation of 

section , of said chapter ■ , of the laws of Wisconsin for 

the year 189 — , by transporting fish caught in the waters of the 
state of Wisconsin, to-wit: speckled trout (or other variety, 
specifying the same), between the first day of September, 189 — , 
and the succeeding fifteenth day of April, being within the close 

season for catching said fish, as prescribed by section of 

chapter , of said laws, said speckled trout not being raised 

in a private hatchery and not being in a package or box branded 
as prescribed by said section , of said chapter . Where- 
fore, the plaintiff demands judgment against the defendant for 
said sum of one hundred dollars, according to the provisions of 

section , of chapter , of the laws of Wisconsin for the 

year 189 — , together with the costs of this action. 



District Attorney of the 
County of . 



INDEX. 



[References are to paragraphs numbered by black figures.] 

AMBUSH— 

use of, 69. 

AQUATIC FOWL— 

close season for, 67. 

hunting between sunset and sunrise, 68. 

prohibited methods of hunting, 69. 

ATTEMPT— 

to violate law, is a violation, 81. 



ATTORNEY GENERA 

to advise and assist warden, 8. 

BAIT— 

medicated, not to use, 49. 

BASS— 

close season for, 41. 
in Geneva Lake, 41. 
in Green Bay, 60. 

BIG GREEN LAKE— 

close season for bass, 41. 

BIRDS— 

harmless, not be killed, 74. 
destroying eggs or nests of, 75. 

BLIND— 

use of, 69. 



64 INDEX. 

[References are to paragraphs numbered by black figures.] 

BOATS— 

kind not to be used, 69. 
public nuisances, when, 17. 
destruction of, 17. 

BRANT— 

close season for, 67. 
unlawful hunting of, 69. 

BUILDINGS— 

where not to be erected, 47. 
access of wardens to, 33-48. 
contents of, 33. 

CARRIER PIGEONS— 

interference with, 76. 

CATFISH— 

weight of, which may be lawfully possessed, 55. 

CRAWFISH RIVER— 

regulating fishing in, 61. 

CHINESE PHEASANTS— 

not to be taken, 71. 

COMMISSIONERS OF FISHERIES— 
when may take fish, 83. 
employee of, 87. 

CORONERS— 

are deputy fish and game wardens; duties of, 7. 

COUNTY CLERKS— 

to issue license, 18, 21. 

collect fee for same, 21. 

remit fee to state treasurer, 21. 



INDEX. 65 

[Eeferences are to paragraphs numbered by black figures.] 

COUNTY WARDENS— 

how appointed, 3. 

how paid, 3. 

to make report, 4. 

may serve process, 6. 

to investigate violations of law, 6. 

may seize and destroy public nuisances, 13-6. 

may confiscate fish and game, 13-6. 

pay proceeds of sale to state treasurer, 13-6. 

not liable for enforcement of law, 13-12. 

may examine license record of. county clerk, 24. 

When may -open packages, 30. 

when may enter building, 33. 

when to seize fish or game brought from other states, 37. 

DANE COUNTY— 

close season for fishing in, SS. 

prohibited methods of fishing, S8. 

use of spear, 88. 

whitefish, how and when may be taken, 88. 

lawful method of fishing in, 89. 

fishing through ice, 90. 

houses on ice, 90. 

possession of fish during close season, 91. 

who to execute law, 92. 

rewards for conviction of offenders, 92. 

fines, how disposed of, 93. 

DEPUTY SHERIFFS— 

are deputy fish and game wardens; duties, 7. 

DEVIL'S LAKE— 

regulating fishing in, 41. 

DETEOIT HARBOR— 

description of; fish, how caught in, 54. 

DEPUTY FISH AND GAME WARDENS— 
see Special Deputy Wardens. 
see County Wardens. 
who are, 7. 



66 INDEX. 

[References are to paragraphs numbered by black figures.] 

DEER— 

transportation of, 19-21-25-26. 

when resident may keep meat of, 34, 79. 

hunting without license, 62. 

license for hunting not transferable, 62. 

license for hunting* not to be changed, 62. 

license for hunting, fraud in obtaining, 64. 

close season, 65. 

not to be hunted with dogs, 65. 

in the night time, 65. 

in Sheboygan county, 65. 

in Fond du Lac county, 65. 

in waters of state, 65. 

on ice, 65. 

with artificial light, 65. 
unlawful methods of hunting*, 65. 
not to have skin of, in red coat, 65. 

spotted coat, 65. 
number that may be killed, 65. 
when may be bought and transported, 82. 



DISTRICT ATTORNEY— 

when to prosecute violations of law, 9. 

DOOR COUNTY— 

use of nets in waters of, 58. 

DUCK— 

close season for, 67. 

prohibited methods of hunting, 69. 

not to be taken with net, 72. 

DYNAMITE— 

must not be used, 46. 

ENGLISH PHEASANTS— 
not to be taken, 71. 






INDEX. H7 

[References are to paragraphs numbered by black figures.] 

EVIDENCE— 

possession of fisli or game during close season, 15. 

of pollution of waters, 84. 

of fish law in Dane county, 91. 

EXPLOSIVES— 

not to be used, 46. 

FALSE STATEMENT— 
to obtain license, 64. 

FEES— 

how disposed of, 38. 

FERRET— 

not to use. 77. 

FEVER RIVER— 
fishing in, 61. 

FINES— 

how disposed of, 10. 

how disposed of in Dane county, 93. 

FISHER— 

close season for, 77. 

F1SHBERRIES— 

not to be used, 49. 

FiSHWAY— 

not to fish near. 49. 

FISHERMEN— 
to report, 85. 
6 



68 INDEX. 

[References are to paragraphs numbered by black figures.} 

FISH— 

packages containing', how marked, 27-28. 
shipped into this, from other states, 32-37. 
possession of, during close season, 33-79. 
title of, in state, 35. 

how may be taken from inland waters, 45. 
how may be taken through ice, 47. 
•not to be taken near fishway, 49. 
how taken in Pecatonica Elver, 61. 

Fever River, 61. 

Sugar River, 61. 

Rock River, 61. 

Crawfish River, 61. 

Koshkonong Lake, 61. 
possession of, by hotel keeper, 79. 

restaurant, 79. 

boarding house, 79. 
when not to be sold, 80. 
when not to be removed from state, 86. 
eggs not, 86. 

FISH OFFAL— 

depositing, in water or leaving on ice, 84. 

FOND DU LAC COUNTY— 
close season for deer, 65. 

GAME— 

packages containing, how marked, 27-28. 
shipped into this, from other states, 32. 
possession of, during close season, 33. 
title of, in state, 35. 
when not to be served by hotel keeper, 79. 

restaurant keeper, 79. 

boarding house keeper, 79. 
when not to be sold, 80. 

HARMLESS BIRDS— 

what are, not to be taken, 74. 



, 



IKDEX-. 69 

[References are to paragraphs numbered by black figures.] 

HUNTING— 

on land on which grain is standing, 78. 
on lands of another, 78. 

INLAND WATERS— 

what are, 40. 



JURISDICTION— 

of counties separated by water, 100. 

of counties bordering on lakes or rivers, 101. 



GEESE— 

close season for, 66. 



GENEVA LAKE— 

Walworth county, 41-47-50". 

GREEN BAY— 

use of nets in, 60. 



GROUSE— 

close season for, 66. 



GOVERNOR— 

appoint warden, 1. 

approve expense vouchers, 1. 

GUN— 

what not to be used, 73. 



LAKE BUTTE DES MORTS— 

license for using set lines in, 43. 



70 INDEX. 

[References are to paragraphs numbered by black figures.] 

LAKE DE NEVUE— 

fishing in, 95-96-97. 



LAKE KOSHKONONG— 
fishing in, 61. 

LAKE LOYGAN— 

license for using set line in, 43. 



LAKE WINNECONNE— 

license for using set line in, 43. 



LAKE WINNEBAGO— 

license for using set line in, 43. 
fishing through ice, 47. 

LAKE SUPERIOR— 

use of nets in, 51. 



LAKE MICHIGAN— 
use of nets in, 51. 



LAKE TROUT— 

possession of, 33-79-80. 

weight of, which may be lawfully possessed, 55. 

sale of, to fish merchants, 55. 

close season for, 56. 



LITTLE STURGEON BAY- 

use of nets in, 57. 



LIME— 

not to be used, 49. 






INDEX. 71 

[References are to paragraphs numbered by black figures.] 

LICENSES FOR HUNTING GAME— 

secretary of state to issue, to non-residents, 18. 

state fish and game warden to countersign, 18. 

fees for, how disposed of, 21-18. 

to residents, how numbered, 18. 

furnished to county clerks by secretary of state, IS. 

forms to non-residents, 18. 

rights of holder of, 19-18. 

what to contain, 19. 

application for, by non-resident, 20. 

amount of, for iion-resident, 20. 

form of, to resident, 21. 

application for, by resident, 21. 

amount of, for resident, 21. 

county clerks to issue, 21-18. 

must have to hunt lawfully, 39-62. 

must not be changed, 63. 

fraud in obtaining, 64. 

MARTEN— 

close season for, 77. 

MEANDERED WATERS— 
rights on, 98. 



MEDICATED BAIT— 
not to be used, 49. 

MISSISSIPPI RIVER— 

license to use set line in, 43. 
fishing through ice oh, 47. 

MONGOLIAN PHEASANTS— 

not to be taken, 71. 

MUSKALLONGE— 

close season for, 41. 



72 INDEX. 

[References are to paragraphs numbered by black figures.] 

JtfUSKRAT HOUSE— 

niust not be destroyed, 77. 

JMAVIGABLE WATERS— 
what are, rights on, 98. 

.NETS— 

when are public nuisances, 17. 
use of, in inland waters, 43. : 

Lake Superior, 51. 

Lake Michigan, 51. 

Green Bay, 52-59-60. 

Sturgeon Bay, 53. 

Little Sturgeon Bay, 57. 

Detroit Harbor, 54. 

Door county waters, 58. 
not to be used in taking game, 70-72. 

1STIGHT TIME— 
defined, 99. 

JSTOTICE— 

not to hunt on land, 78. 

:non-res'Ident— 

forms of license to, 18-19. 

rights under license, 18. 

how may transport deer, 19. 

who is, 20. 

to pay license fee, 20. 

how may hunt, 22. 

what game may take out of state, 25. 

OTTER— 

close season for, 77. 

•OUTLYING WATERS— 
what are, 40. 



INDEX. 7a 

[References are to paragraphs numbered by black figures.] 

PARTRIDGE— 

close season for, 66. 

PECATONICA RIVER— 
fishing in, 61. 

PHEASANTS— 

close season for, 66. 

Chinese, English, Mong-olian, 71. 

PIKE— 

close season for, 41. 

PIVOT GUN— 

not to be used, 73. 

PIGEON— 

carrier or homing, 76. 

PLOVER— 

close season for, 66. 

POISON— 

not to be used, 49. 

POLICE OFFICERS— 

are deputy wardens, duties, 7. 

POLLUTION OF WATERS— 

prohibited, 84. 

PRAIRIE CHICKEN— 

close season for, 66. 

PRAIRIE HEN— 

close season for, 66. 



74 INDEX. 

[References are to paragraphs numbered by black figures.] 

PRIVATE HATCHERIES— 

how trout may be shipped from, 15. 
effect of statutes on, 16. 
sale of trout from, 42. 



PURCHASER— 

of confiscated game, 13. 

PUBLIC NUISANCES— 

what are, may be destroyed, 17. 

QUAIL— 

not to be taken, 71. 

RABBITS— 

not to be hunted with ferret, 77. 



ROCK RIVER— 

fishing in, 61. 



RESIDENT— 
who is, 21. 

license to, for hunting, 21. 
how may transport deer, 21. 
how may hunt, 23. 
how may transport game, 26. 
wheoi may keep deer meat, 34. 
to report to warden, 34. 



RUSH LAKE— 
fishing in, 41. 



SALE— 

of fish and game prohibited, when, 15. 
brook trout, 42. 



INDEX. 75 

[References are to paragraphs numbered by black figures.] 

SAUK COUNTY— 

close season for, 50. 



.SCIENTISTS— 

certificates to, 11. 



SECRETARY OF STATE— 
duties of, 18-19-20. 



-SET LINES— 

license to use, 43. 

license to use in Lake Winnebago, 43. 
Lake Butte des Morts, 43. 
Lake Poygan, 43. 
Lake Winneconne, 43. 
Mississippi river, 43. 



SIGN BOARDS— 

to be put up by land owner, 78. 

SPECIAL DEPUTY WARDENS— 
now appointed, 2. 
number, 2. 
authority, 1-2. 
how removed, 2. 
to make report, 4. 
compensation, 5. 
may serve process, 6. 
to investigate violations of law, 6. 
may seize and destroy' public nuisances, 13-6. 
may confiscate fish and game, 13-6. 
pay proceeds of sale to state treasurer, 13-6. 
not. liable for enforcement of law, 13-12. 
may examine license record of county clerk, 24. 
"when may open packages, 30. 
when may enter building, 33. 
when to seize fish or game brought from other states, 37. 



76 INDEX. 

[References are to paragraphs numbered by black figures.] 

SHEBOYGAN COUNTY— 

deer not to be hunted in, 65. 



SHERIFFS— 

are fish and game wardens, duties, 7. 

SNARES— 

in inland waters, 43. 
not to be used, 70. 

SNIPE— 

close season for, 66-67. 

SPEAR— 

use of, 44. 

SPRING GUN— 

not to be used, 70. 

STURGEON BAY— 
use of nets in, 53. 
fishing through ice, 47. 
buildings on shores of, 48. 

STATE FISH AND GAME WARDEN— 
how appointed, 1. 
duty, 1. 
salary, 1. 
expeases, 1. 

printing, stationery, postage, office, 1. 
may serve process, 6. 
to investigate violations of law, 6. 
may seize and destroy public nuisances, 13-6. 
may confiscate fish and game, 13-6. 
pay proceeds of sale to state treasurer, 13-6. 
may grant license to scientists, 11. 
not liable for enforcement of law, 13-12. 



INDEX. 77 

[Eeferences are to paragraphs numbered by black figures.] 

STATE FISH AND GAME WAEDEN— Continued, 
to report to governor, 14. 
to countersign licenses, 18. 

to keep record of licenses issued to non-residents, 18. 
may examine license record of county clerk, 24. 
when may open packages, 30. 
when may enter building, 48-33. 
when to seize fish or game brought from other states, 37. 

SUGAE EIVEE— 

fishing in, 61. 

SWIVEL GUN— 

not to be used, 73. 

SWAN— 

close season for, 67. 

TEANSPOETATION— 

of fish and game, 15-19-21. 

TEANSPOETATION COMPANIES— 

duties during close season, 15. 

duties to non-resident, 19. 

duties to resident, 19. 

restrictions as to game, 25-29. 

to open packages, when, 30. 

bringing game into state, 31. 

deliver fish or game to wardens, when, 32. 

TEAPS— 

•in inland waters, 43. 
use of, 49-65-70. 

TEOUT— 

brook, close season for, 42. 
not to be sold, 42. 



78 INDEX 

[References -are to paragraphs numbered by black figures.] 

WALL-EYED PIKE— 

weight of, which may be lawfully possessed of, 55. 

WATERS— 

inland and outlying, 40. 
pollution of, 84. 
navigable, 98. 

WARDENS OF OTHER STATES— 
when to act in this state, 36. 



WALWORTH COUNTY— 
close season for, 50. 

WAUKESHA COUNTY— 
close season for, 50. 

WATERFOWL— 

eggs or nests of, not to be disturbed, 75. * 

WHITEFISH-^- 

relating to, 33-55. 

close season for, 56. 

in hotels, restaurants, boarding houses, 79. 

when may be sold, 80. 



Library of Congress 
Branch Bindery, 1002 



